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Home My WebLink About2013-11-05 10:00AM- REGULARBRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA .'T3 `,Ui - I A !f3: 5 L BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON NOVEMBER 5, 2013 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters. 2. Call for Citizen input and/or concerns. Consider and take action on agenda items 3 - 38: 3, Prociamption 13-020 declaring November as Brazos County's United Way of the Brazos VelleV Workplace Compolan Month. 4, Permission to accept donated property In the form of a 65" Interactive display from VlsualPro 360 for County Court at Law #11: estimated total value Is $3,800,009 5. Rea000lntment of Judge Jim Locke County Court at Law #2 to the Brazos County Ball Bond Board: term of appointment Is 1/1/2014 thrauah 12/3112015. 6, Reappointment of Mark Carrabba to the Board of Directors for the Brazos Valley Groundwater Conservation District: term of appointment is 1/1/2014 through 17J311120115. 7. Reso wintment of the following Fire Commissloners for Brazos County Emergency Services District #1 • term of each appointment Is 1/1/2014 thrauah 12/31/2015• • a. Charles Robertson • b. Scott Armstrona g. Reappointment of the following Fire Commissioners for Brazos Countv Emeraency ServFees District #3• term of each appointment Is 1/1/2074 throuah 12131/2015: • a. Bruce Lawhorn Epg- !�G/ _ -- -f-- • b. Martin Rllev 9, Reappointment of the following Fire Commissioners for Brazos County Emergency Services District #4• term of each appointment Is 1/1/2014 throuah 12!3112015: • a. Keith Cooke • b. Greg Leath 10. Request for approval of lodging expense of $118.22 per night for Investigator Scott Biddle to attend training In Fort Worth Texas No host hotel designated by department hosting training 11 Rearrest approval of lodging expense of $111,14 per night for Asst County Attorney Brenda Bailey to attend training In Houston No room block for attendees at hotel where conference was held 12. Authorization for the County Judge to sign sub - recipient agreements for the 2013 Homeland Security Grant Program. 13 Request approval from Exoo for the followina reclassifications with the effective date as of November 9 2013 The reclassltication have no flnancial Impact on the FY 14 Expo Budget, • e Reclassify Assistant Manager Brazos Valley Fair and Expo, Class Code 0843 Posltlon 1 Group 27 Step 2 to Group 22 Step 12 Pay Code 013 • b Delete Assistant Manager Brazos Valley Fair and Exoo Class Cade 0843 Position 2 Group 27 Step 3. Pay Code 013 • c Create Sr Manager Brazos Valley Fair & Expo Class Code TBD Position! , Group 27 Step 3 Pay Code 013 14, Approval of Job Description for Senior Manager Brazos Valley Fair & Exposition Class Code W. 15. Request approval from the Jall Division for the followina reclasslticatlon effective November 9. 2013. This reclassltication will have a decrease to the remainina FY 14 Jall Budget In the amount of $57.00. • a Decrease Sergeant • Jail Class Code 1505 Position 6 Group 20 Step 4 to Group 20 Step 3. Pay Code 026 Budgeted Hours 2192.4 • b Increase Custodian of Records Class Code 1542 Posltlon 1 Group 20 Step 3 to Group 20 5tep 4 Pay Code 026 Budaet Hours 2088 16. • a Decrease Landscape Crew Leader Class Code 0751 Posltlon 1 Group 13 Step 6 to Group 13 Step 4. Pay Code 014 • b Increase Assistant Landscape Crew Leader Class Code 0752 Position / Group 12 Step 3 to Group 12 Step 5 Pay Code 014 17, Interlocel Agreements between the City of Bryan Brazos County and the City of Bryan and Brazos County Economic Development Foundation Inc for Fiscal Years 2011 2012 and 2013. 18, First Renewal Lease Agreement with Brazos County Emergency Services District #1 for the purpose of svbstatlan of the Brazos County Sheriff's Otfice In southern Brazos County Texas for FY 2014 19. Request from the Information Technology Department for renewal of the Microsoft Enterprise Agreement, term of sareement is three years endlna October 31 2016 20, Request from the Information Technology Department for approval to purchase 95 additional Microsoft Office Plus 2013 licenses. 21, Renewal of bid contract # 2014 -03R OII Change Service previously known as 2013 -02R 201M6R and 2010-43. 22. Permission to advertise the following bid Vol. / � 9 Pg. 16e7, ", • a. 2014.02 Culverts • b 2014 -12 Asphalts Oils and Emulsions 23. Approval for CSCO to Issue county diners club credit cards in the amount of $1,000.00 each, for travel purposes to the following employees; • a. John McGuire • b. Steohanle Christopher • c. Margaret Beaty • d. Debora Batten • e. Amber Pledger 24, Capital requisition #00045098 to COW Government In the amount of $738.26 to purchase a computer for Constable Pct-1. 25. Consider and take action on the Anadarko utility permit to Install temporary 10" aluminum water line within and along the right -of -way of Scott Lane Protect will provide water to oil well. Site Is located In Precinct 2. 26. Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum 27. 28. 29. 30. 31. Tax Refund Applications for the following: • a AJ's Mobile Homes - overpayment- $13.14 • b Wells Fargo Real Estate Tax Services LLC- overpayment -$350 03 32. Commissioners Court minutes for the following dates: • a. October 1, 2013 - Reqular Meeetln • b. October 3.2013 -Works hop Session • c. October 15, 2013- Reotilar Meetlnq • d October 15, 2013 - Public Hearing • e October 22 2013-Regular Meetlnq • f October29,2013- Reqular Meeting 33. Budget Amendments. 34. a Budget Amendments FY 12/13 55.1 - 55.6 b Budget Amendments FY 13114 5.1 - 5.7 Vol. Pg. �6 3 35. Personnel Change of Status. Personnel Action Forms 36. Payment of Claims. 37. Convene into Executive Session pursuant to 551.087 to discuss or deliberate economic development negotiations. 38. Consider and possible action on the Executive Session. 39. Sheriff's report on inmate population. 40. Announcement of interest items and possible future agenda topics. 41. Call for Citizen input and /or concerns. 42. Adjourn. Vol. 18 �% Pg. IA 1 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all mailers, both on and 08 the agenda, and be limited 10 lour minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public In attendance at any Regular, Special andior Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; In participating in public discussions before the Court; and In ail actions in the presence of the Court. Those members of the public who are inappropriately alikad and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order ancvor continued disruptor of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Cmnr$ssioners Court to provide a public lot= for the demeaning of any individual or group. Neither Is it the Intention of the Court to allow a member (or members) of the public to insult the honesty and /or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, Insulting or threatening language directed toward the Court andior any person In the Court's presence andior racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these miss may result in the following sanctions: 1. cancellation of a speaker's lime; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and /or criminal sanctions as may be authorized under the Consttutlon. Statutes and Codes of the Slate of Texas. The County Commissioners Court can deliberate or lake action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address mailers not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted pudic comment topics could become deliberation on a matter without notice to the public. To ensure the pudic has notice of all manors the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to pudic comments, except to correct factual Inaccuracies, recite existing policy in response to an Inquiry or to ask that a matter be listed on a future agenda. See Taxes Open Meetings Act 7 551.042. INVOCATION Any invocation that may be offered before the official start or the Court meeting shall be to and for the beneln of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend of participate in the invocation and such decision will have n i impact on their fight to actively participate In the business of the Court. The Commissioners Courlrocm of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 Is wheelchair accessible. Handicap parking spaces are available. Any request for sign Interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361.4102. Vol. 8 9 Pg. I04 BRAZOS COUNTY BRYANJEXAS MINUTES November 5, 2013 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING W Sianature Paae.pdf 19 File Stamped Aaenda.pdf 11 Sian in sheet.pdf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, November 5, 2013 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters. 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 38: Vol. I f f pg.-/Z—v/ 3. Proclamation 13 -020 declaring November as Brazos County's United Way of the Brazos Valley Workplace Campaign Month. 0 Item 3.pdf The County Judge read aloud a Proclamation proclaiming the month of November 2013 as "Brazos County's United Way of the Brazos Valley Workplace Campaign Month." A copy of the Proclamation is attached. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 4. Permission to accept donated property in the form of a 65" interactive display from VisualPro 360 for County Court at Law #1; estimated total value is $3,800.00. 0 Item 4.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters, Wassermann . 5. Reappointment of Judge Jim Locke, County Court at Law #2 to the Brazos County Bail Bond Board; term of appointment is 1/1/2014 through 12/31/2015. 0 Item 5. pd Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 6. Reappointment of Mark Carrabba to the Board of Directors for the Brazos Valley Groundwater Conservation District; term of appointment is 1/1/2014 through 12/31/2015. l�nra�ar..r Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . Reappointment of the following Fire Commissioners for Brazos County Emergency Services District #1; term of each appointment is 1/1/2014 through 12/31/2015: It Item 7.odf • a. Charles Robertson • b. Scott Armstrong Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 8. Reappointment of the following Fire Commissioners for Brazos County Emergency Services District #3; term of each appointment is 1/1/2014 through 12/31/2015: LID Item 8. f • a. Bruce Lawhorn • b. Martin Riley Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. Vol. IS1 Pg. �� 9. Reappointment of the following Fire Commissioners for Brazos County Emergency Services District #4; term of each appointment is 1/1/2014 through 12/31/2015: 10 Item 9. f • a. Keith Cooke • b. Greg Leeth Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann. 10. Request for approval of lodging expense of $118.22 per night for Investigator Scott Biddle to attend training in Fort Worth, Texas. No host hotel designated by department hosting training. 0 Item 10.Dd f Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 11. Request approval of lodging expense of $111.14 per night for Asst. County Attorney Brenda Bailey to attend training in Houston. No room block for attendees at hotel where conference was held. 19 Item 11.odf Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 12. Authorization for the County Judge to sign sub - recipient agreements for the 2013 Homeland Security Grant Program. 30 Item 12.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 13. Request approval from Expo for the following reclassifications with the effective date as of November 9, 2013. The reclassification have no financial impact on the FY 14 Expo Budget. 0I Item 13.odf • a. Reclassify Assistant Manager Brazos Valley Fair and Expo, Class Code 0843 Position 1, Group 27 Step 2 to Group 22 Step 12, Pay Code 013 • b. Delete Assistant Manager Brazos Valley Fair and Expo, Class Code 0843 Position 2, Group 27 Step 3, Pay Code 013 • c. Create Sr. Manager Brazos Valley Fair & Expo, Class Code TBD Position 1, Group 27 Step 3, Pay Code 013 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard, Peters , Wassermann . 14. Approval of Job Description for Senior Manager, Brazos Valley Fair & Exposition, Class Code 846. 0 Item 14.odf . Senior Manager, Brazos Valley Fair & Exposition Vol. /99 Pg. /i4' Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 15. Request approval from the Jail Division for the following reclassification effective November 9, 2013. This reclassification will have a decrease to the remaining FY 14 Jail Budget in the amount of $57.00. 10 Item 15.Ddf a. Decrease Sergeant - Jail, Class Code 1505 Position 6, Group 20 Step 4 to Group 20 Step 3, Pay Code 026, Budgeted Hours 2192.4 b. Increase Custodian of Records, Class Code 1542 Position 1, Group 20 Step 3 to Group 20 Step 4, Pay Code 026, Budget Hours 2088. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 16. Request approval from Landscaping for the following reclassifications with effective date as of November 9, 2013. This reclassification will have a decrease for the remaining FY 14 Landscaping Budget in the amount of $93.00. 0 Item 16.Ddf • a. Decrease Landscape Crew Leader, Class Code 0751 Position 1, Group 13 Step 6 to Group 13 Step 4, Pay Code 014 • b. Increase Assistant Landscape Crew Leader, Class Code 0752 Position 1, Group 12 Step 3 to Group 12 Step 5, Pay Code 014 Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 17. Interlocal Agreements between the City of Bryan, Brazos County and the City of Bryan and Brazos County Economic Development Foundation, Inc. for Fiscal Years 2011, 2012 and 2013. ED Item 17.Ddf A copy of the agreements is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 18. First Renewal Lease Agreement with Brazos County Emergency Services District #1 for the purpose of a substation of the Brazos County Sheriff's Office in southern Brazos County, Texas for FY 2014. 10 Item 18.Ddf A copy of the agreement is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard, Peters , Wassermann . 19. Request from the Information Technology Department for renewal of the Microsoft Enterprise Agreement; term of agreement is three years ending October 31, 2016. ED Item 19.Ddf Vol. 09 Pg. /11� A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 20. Request from the Information Technology Department for approval to purchase 95 additional Microsoft Office Plus 2013 licenses. H Item 20.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard, Peters , Wassermann . 21. Renewal of bid contract # 2014 -03R Oil Change Service, previously known as 2013 -02R, 2012 -06R and 2010 -43. Ui1 Item 21.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 22. Permission to advertise the following bids: It Item 22.odf • a. 2014 -02 Culverts • b. 2014 -12 Asphalts, Oils and Emulsions Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 23. Approval for CSCD to issue county diners club credit cards in the amount of $1,000.00 each, for travel purposes to the following employees: 10 Item 23.odf • a. John McGuire • b. Stephanie Christopher • c. Margaret Beaty • d. Debora Batten • e. Amber Pledger Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 24. Capital requisition #00045098 to CDW Government in the amount of $738.26 to purchase a computer for Constable Pct.1. ED Item 24.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 25. Consider and take action on the Anadarko utility permit to install temporary 10" aluminum water line within and along the right -of -way of Scott Lane. Project will provide water to oil well. Site is located in Precinct 2. 10 Item 25.odf vol. 12 p Pg. 1%0 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann. 26. Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line within and along the right -of -way of Hudspeth Road. Project will provide water to oil well. Site is located in Precinct 2. 0 Item 26.Ddf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 27. Consider and take action on the Halcon Field Services utility permit to construct 8" road bore under Hudspeth Road approximately 4,500' northeast of FM 2776. Project will connect several oil wells in the area. Site is located in Precinct 2. I® Item 27.Ddf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 28. Consider and take action on the Verizon utility permit to relocate telephone pedestal and cable within and along the north right -of -way of Wilcox Lane. This project will provide additional width to existing driveway. Site is located in Precinct 2. W Item 28.Ddf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 29. Consider and take action on the Replat of Lot 1, Block 4 Timberwilde (Subdivision) Second Installment, Being a Final Plat of Lots 1A -R and 1B -R, Block 4 Timberwilde Second Installment, 5.010 Acres, F. G. Clampitt 1/3 League, A -89, Brazos County, Texas. Site is located in Precinct 2. 0 Item 29.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 30. Consider and take action on the Wellborn S.U. D. utility permit to construct 2" road bore under Sandy Shore Drive located in Sandy Oaks Subdivision. This project will provide water service to new customer. Site is located in Precinct 4. 10 Item 30.Ddf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard, Peters, Wassermann . 31. Tax Refund Applications for the following: Item 31.Ddt • a. AJ's Mobile Homes - overpayment - $13.14 • b. Wells Fargo Real Estate Tax Services LLC- overpayment - $350.03 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Vol. Pg. /%/ Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann. 32. Commissioners Court minutes for the following dates: • a. October 1, 2013 - Regular Meeeting • b. October 3, 2013 - Workshop Session • c. October 15, 2013 - Regular Meeting • d. October 15, 2013 - Public Hearing • e. October 22, 2013 - Regular Meeting • f. October 29, 2013 - Regular Meeting Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters , Wassermann . 33. Budget Amendments. ED Item 33.odf a. Budget Amendments FY 12/13 55.1 - 55.6 55.1 Reallocate funds for Justice of the Peace Precinct 2, Place 1 55.2 Reallocate funds for Information Technology 55.3 Reallocate funds for Sheriff -Jail Administration 55.4 Reallocate funds for Sheriff -Jail Administration 55.5 Transfer funds from General Fund Contingency to Health Dept. Support 55.6 Transfer funds from General Fund Contingency to Court Support- Criminal b. Budget Amendments FY 13/14 5.1 - 5.7 5.1 Reallocate funds for Grant Fund: Mikulin Road 5.2 Transfer funds from General Fund Contingency to Jail 5.3 Reallocate funds for Capital Improvement 5.4 Reallocate funds for Information Technology Services 5.5 Transfer funds from General Fund Contingency to General Capital Improvement Fund 5.6 Transfer funds from Non - Departmental to Expo 5.7 Transfer funds from General Fund Contingency to Departmental DDEA Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann . 34. Approval and ratification of purchase order #14000865 to Gov Connection in the amount of $2,030.56 for the purchase of a computer, scanner, and phone for the new position in the Purchasing Department. 9 Item 34.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters , Wassermann . 35. Personnel Change of Status. En. ja Pg /7z -- Personnel Action Forms fib Item 35.odf A copy of the personnel Change of Status Requests is attached. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, , Mallard, Peters, Wassermann . 36. Payment of Claims. 0 Claims Sheet.odf 0 BILL LIST 11,05.13.odf 7115683 through 7115878 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, , Mallard , Peters, Wassermann . 37. Convene into Executive Session pursuant to 551.087 to discuss or deliberate economic development negotiations. At this point, the County Judge announced the Court would consider items 39 through 41 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:21 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss economic development negotiations as allowed under Section 551.087 of the Texas Government Code. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Irene Jett, Budget Officer Katie Conner, Auditor 38. Consider and possible action on the Executive Session. At 11:11 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 39. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 591 inmates in jail, 48 have electronic monitors and 9 are pending for monitors. 40. Announcement of interest items and possible future agenda topics. There were no announcements 41. Call for Citizen input and /or concerns. There was no citizen input. 42. Adjourn. Vol. Pg. / %� The foregoing minutes of the Commissioners Court meeting held November 5, 2013 have been examined and are approved in open Court this IQ�h day of 2013, in Bryan, Brazos County, Texas. Duane Peters County Judge 4Z 4FZ Sx6my Catal a Commissio rr, Precinct 2 Commissioner, Attest: Karen McQueen County Clerk Commissioner, Precinct 1 Kenny MallaW Commissioner, Precinct 3 Vol / 97 Page 17e-l_ BRAZOS COUNTY COMNIISSIONERS COURT Meetin g on ,/f/ ` 1 'S @ PAGE _ / of -7-- Vol. lS9 Pg. BRAZOS COUNTY COMMISSIONERS COURT XJ Meeting on A# @ L= Name Organization / Department S Ad 145 /3 � rs L79 -Anlo Vol. Pa. If G PAGE of Whereas, it is the mission of the United Way of the Brazos Valley to bring the community together to find solutions that change peoples' lives, and; Whereas, this mission is fulfilled through meaningful and measurable improvement in education, financial stability and health, and; Whereas, this mission is fulfilled by our local community to actively lead and collaborate with participants, volunteers and stakeholders in program design to make the community more caring and successful, and; Whereas, this mission is achieved in partnership with local community organizations which develop and deliver effective programs to help the people who need it, ultimately improving the quality of life for everyone, and; Whereas, this mission is only possible because of the generosity of donors - both individuals and businesses, including Brazos County govermnent - who manage professional and educational workplace campaigns that invite employees to give, advocate and volunteer, and; Whereas, the annual campaign of the United Way of the Brazos Valley will continue, as it has in years past, to directly benefit our community. Now, Therefore, be it proclaimed that the Brazos County Commissioners Court does hereby proclaim the month of November, 2013 as; "Brazos County's United Way of the Brazos Valley Workplace Campaign Month" Proclaimed this 5's Day of No7 — Duane Peters County Judge Commi ..loner Lloyd Wassermann Precinct 1 Commissiot Kenny Malla Precinct 3 Vol. _ pg. �,, Description: 11 Brazos County, Texas Commissioners Court Acceptance of Donated Property Estimated Value: S 30(i -.xly I certify that the above mentioned item has been donated to Brazos County. This item has been received in good faith and upon approval by Commissioners Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretion of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. .4 .'/ A Kufhorized STgdaturd' V t'J #-1 Department ------------------------------------------ ------ --------------- ---- - - - --- [ Vf A 11 15113 [ ]Rejected Comity Judge FORM 312-8C Cdfiimissioner, Pct. 1 Commissi r er, Pct. 3 Commi sioner, Pct. 2 Vol. r 8 9 Pa. lit 12 Vol. / -- Pg. % er Texas Department of Public Safety 2013 Sub - Recipient Award T. ?A for Brazos County ,r 3i ,a'N.,S L Wnent,'Awgrdnf E2s �-IfLu+j,t7ei aii' f yii 1 Rerra,ea /Eliu{mbra a no I i f" �,s4b31" Cap '1 .. �" ��e?? ifikh�?ii .`x 1 irk w Data of Award: October 29, 2013 Prepared ay: Wbbart, Steven 3. SAA Award Number! 13 -SR 48041 -01 Federal Grant Title: Homeland Security Grant Program (HSGP) State Homeland Security Program (SHSP) Federal Grant Award Number: EM W- 2013 -SS -00045 3udge Duane Peters Brazos County 200 South Texas Ave., Suite 332 Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate Bryan, TX 77803 Date Federal Grant Awarded to TxDPS: September 1, 2013 CFDA: 97.067 S rAwarQ'Amounl anC;Gn yy!9rabODS 3i M I c ° l3.. »......,.w ++,...rs.. �.L ..w.. 1�. ^R..., N, 9 {i. i 4(..&AfIM.,c° (i,'pr iM iµ, q`+x a�� `d!FaFI K' 3iBbf_1 Iii {�l+q.-u I ,;..'I.,M Grant Period: SHSP From: To: Sep 1, 2013 Jan 3L, 3015 $20,000.00 (The SAA must receive ell im Vice* M the and of grant perled ) 7. Statutory Authority for Grant: The Department of Homeland Security Appropriations Act, 2013, (Public Law 113 -6), and the Homeland Security Act of 2002 (Public Law 107 -296), as amended by section 101 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110 -53). B. Method of Payment: Primary method Is reimbursement. 9. Debarment /Suspension Certification: The Sub - Recipient certifies that the sub- reclplerlt and Its contractors /vendors are not debarred,suspended, proposed for debarment, declared Ineligible or voluntarily excluded by any federal department or agency and do not have active Exclusions listed at https: / /www.sam.gov /portal /public /SAM/ IO SA9!1rN1!WPrbyat"'rl"Ni.�n l �dli i,IE FNI`IA6i1# r S:';i.ti74X )i js;Y,'Ifru '_ Ci an ' 1�$if I,. s ,�: .aa +. r. Approving TxDPS Official: Signature of TxDPS Official: Machelle Pharr Deputy Assistant Director Texas Homeland Security P State Administrative Agency Texas Department of Public Safety ty '.ux{ .s'If.Ma II. rim . 1ti� Idle, "•' x *�,snu' t ':c R P %. ntF,n'�Y'�+Y:a41f"e d.�il y 4�9i p '€�,';a �e ta' pi4sf i_k ' i'W�i.4 �'> a iY'. n T Y!�5' r h'r 1 �!°�l!;l , -M I have read, understood and agree to this Sub - Recipient Agreement consisting of this Award and the attached Terms and Conditions. Print name and title of Authorlxed Sub - Recipient Official: Puane P crti &pnatu of Sub - Recipient O al _ Enter 9mployer ntlficatlon Mmber (EIN) or DUNS Number: Date Signed i Federal Tax Identification Number: I( / DUE DATE: December 12, 2013 Signed Award with Terms and Conditions must be returned to SAA-,SRA04ps.texas,gov on or before the due date. Vol. / -- Pg. % er 2013 TERMS AND CONDITIONS Instructions: The Sub - recipient shall: 1. Fill in the information and sign the Grant Sub - Recipient Award; 2. Certify they have read and understand these Terms and Conditions; 3. Certify to the statements provided in Exhibits A, 8, C and D located at the back of this document by filling in contact information and signing all exhibits, and 4. Return all documents via email to SAA_SRA @dps.texas.gov on or before the date provided in the transmittal letter andlor in this grant. Grant Sub-rec4pient Agreemen t This Grant Sub - recipient Agreement (consisting of this 2013 Grant Sub - recipient Award and these Terms and Conditions) is made and entered into by and between the Department of Public Safety I Texas Homeland Security State Administrative Agency, an agency of the State of Texas, hereinafter referred to as "DPS/THSSAA," and the funds recipient, hereinafter referred to as the Sub - recipient' or 'Sub-grantee." Furthermore, DPSITHSSAA and the Sub - recipient are collectively hereinafter referred to as the "Parties.' This Grant Sub - recipient Agreement (SRA), or otherwise referred to herein as 'this Grant' or'this Agreement ", is only an offer until Sub - recipient returns the signed copy of this Grant on or before the date provided in the transmittal letter andior in this Grant Sub - recipient Award. The FY 2013 Homeland Security Grant Program (HSGP) funding plays an impportant role in the implementation of the National Preparedness System (NPS) by supporting the building, sustainment, and delwery of core capabilities essential to achieving the National Preparedness Goal (NPG) of a secure and resilient Nation. HSGP funding shall be used for statutorily eligible costs related to the planning, organization, equipment, training, and exercise needs that prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. This program provides an integrated mechanism that builds and sustains core capabilities to support the Nation's Preparedness against terrorist attacks, major disasters, and other emergencies. The FY 2013 Nonprofit Security Grant Program (NSGP) funding plays an important role in the implementation of the National Preparedness System (NPS) by supporting the development and sustainment of core capabilities. Core capabilities are essential for the execution of each of the five mission areas outlined in the NGP. NSGP provides funding support statutorily eligible costs to include target hardening and other physical security enhancements and activities to nonprofit organizations that are at high risk of terrorist attack and located within one of the specific Urban Areas Security Initiative (UAS "Iigible Urban Areas. While this funding is provided specifically to high -risk nonprofit organizations, the program seeks to integrate nonprofit preparedness activities with broader State and local preparedness efforts. It is also designed to promote coordination and collaboration in emergency preparedness activities among public and private community representatives, as well as State and local government agencies. Sub - recipient may not assign or transfer any interest In this Grant without the express, prior written consent of DPS/THSSAA. If Sub - recipient issues subawards as part of this Grant project, Sub - recipient shall include and require its subawardees to comply with the terms and conditions of this Grant. The term "Sub- recipient agreement funds" as used in this Grant means funds provided by DPSITHSSAA under the United States Deppartment of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) grant programs (also referred to herein as DHSIFEMA). The term "Sub - recipients funds" or match funds as used to this Grant means funds provided by the Sub - recipient. All allocations and use of Grads under this Grant shall he in accordance with the FY 2013 Funding Opportunity Announcement (FOA) for the Federal Grant Title specified on this Grant, and such FY 2013 FOA is incorporated by reference herein. Sub- recipient shall read, understand and accept the FY 2013 Funding Opportunity Announcement as binding. Standard of Performance. Sub - recipient shall perform all activities and projects entered into the DPS/THSSAA web -based grants management system which are approved by DPSITHSSAA. Any change to a project shall receive prior written approval by the appropriate local, regional and state -level grant admmistrator(s). Sub- recipient shall perform all activities in accordance with all terns, provisions and requirements set forth in this Grant, including but not limited to the following Exhibits: 1. Assurances — Non-Construction Programs, hereinafter referred to as 'Exhibit A' 2. Assurances — Construction Programs, hereinafter referred to as 'Exhibit W 3. Certifications, hereinafter referred to as "Exhibit C' 4. State of Texas Assurances, hereinafter referred to as 'Exhibit D" Failure to Perform. In the event Sub - recipient fails to implement the project(s) entered and approved in the DPS/THSSAA web -based grants management system, or comply with any provision of this Grant, Sub - recipient shall be liable to DPSITHSSAA for an amount not to exceed the award amount of this Grant and may be barred from applying for or receiving additional DHSIFEMA grant program funds or any other grant program funds administered by OP S until repayment to DPSrTHSSAA Is made and any other compliance or audit finding is satisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement projects may reduce future funding in additional DHSIFEMA andior other grant programs administered by DPS. Environmental Review Sub - recipient shall assess Its federally funded projects for potential Impact to environmental resources and historic properties. Sub - recipient shall submit any required screening form(s) as soon as possible and shall comply with deadlines established by DPSrTHSSAA. Timelines forthe Environmental Planning and Historic Preservation (EHP) review process will vary based upon the complexity of the project and the potential for environmental or historical impact. Sub - recipient shall include sufficient review time within its project management plan to comply with EHP requirements. Initiation of any activity Prior to completion of FEMA's Page ] of m Vol. l 8 9 Pg. 1 �� IIL91i.GSi� M g.ew will result in a non-compliance finding and DPS/THSSAA will not authorize or release orii funds for non- eomoltant — Sub- recipient, as soon as possible upon receiving its grant award, shall provide information to DPS/THSSAA to assist with the legally- required EHP review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently usingg the FEMA EHP Screening Form OMB Number 1880-01151FEMA Form 024-0-01 and submitting it, with all supporting documentation, to 0 S/rHSSAA for review. These EHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, EO 11988 — Floodplain Management, EO 11990 — Protection of Wetlands, and EO 12898 — Environmental Justice. Sub - recipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicable permits and clearances, See FEMA Information Bulletin 329. Sub - recipient shall not undertake any activity from the project that would result in ground disturbance, facility modification, or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings. Sub - recipient shall comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any changes to an approved project description will require re- evaluation for compliance with EHP requirements before the project can proceed. If ground disturbing activities occur during project implementation, Sub - recipient shall ensure monitoring of ground disturbance and if any potential archeological resources are discovered, Sub - recipient shall immediately cease construction in that area and notify FEMA and the appropriate State Historical Preservation Office. A. DPSITHSSAA shall not be liable to Sub - recipient for any costs incurred by Sub - recipient that are not allowable costs. B. Notwithstanding any other provision of this Grant, the total of all payments and other obligations Incurred by DPS/THSSAA under this Grant shag not exceed the Total Award Amount listed on the Grant Sub - recipient Award. C. Sub- recipient shall contribute the match funds listed an the Grant Sub - recipient Award. D. Sub - recipient shall refund to DPS/THSSAA any sum of these grant funds that has been determined by DPSITHSSAA to bean overpayment to Sub - recipient or that DPS/THSSAA determines has not been spent by Sub - recipient in accordance with this Grant. No refund payments) shall be made from local, state or federal grant funds unless repayment with grant funds is sppecifcally permitted by statute or regulation. Sub - recipient shall make such refund to DPS/rHSSAA within thirty (30) days after DPSASSAA requests such refund. E. Notwithstanding any other provisions, the Parties hereto understand and agree that DPS/THSSAA's obligations under this Grant are contingant upon the receipt of adequate funds to meet DPS/THSSAA's liabilities hereunder, except as required by the Homeland Security Grant Program (HSGP). DPS/THSSAA shall not be liable to Sub - recipient for costs which exceed the amount specified in this Grant. Performance Period grant management system by the end of the performance period. or submitted after the performance period. uests, and any invoices, in the DPW rtiSSAA not be obligated to reimburse expenses incurred Except as specifically modified by law or this Grant, Sub - recipient shall administer this Grant through compliance with the most recent version of all applicable laws and regulations, including but not limited to DHS program legislation, Faderel awarding agency regulations, and the terms and conditions of this Grant. A non -exclusive list is provided below. A. Administrative Requirements 1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (me A -102 Common Rule); 2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations (OMB Circular A -110). 3. 44 C.F.R. Part 10, Environmental Considerations B. Coat Principles 1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A -87) 2. 2 C.F.R. Part 220, Cost Principles for Educational Institutions (OMB Circular A -21) 3. 2 C.F.R. Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A -122) 4. 48 C.F.R. Subpart 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations C. Audit Requirements OMB Circular A -133, Audits of States, Local Governments and Non - Profit Organizations. D. Grant Guidance (Funding Opportunity Announcement) agrees that all allocations and use of funds nnouncement and supplemental resources be in accordance with the applicable FY 2013 Funding the Nonprofit Pap 3 of 3a 1. �__ —_ u._ I- I • • •I '/I 1 .1, 1: .: 11 1 •e jf •- ' •f• "•• "1I -t 5f• d -1 Sub- recipient shall comply with the OHS Standard Administrative Terms and Conditions that are outlined in Part 6.1.1 —Financial Assistance Award Standard Terms and Conditions (January 10, 2011), which is incorporated by reference herein. DHS requires those standard terms and conditions which are approved by the Division of Financial Assistance Policy and Oversight to be applied to all financial assistance awardshttDYhs •^w dhs aov /xlibrary /assets /ofo- fnancial rnanaaement- oolicv- manual odf. Sub - recipient acknowledges and agrees, and shall require any sub - recipients, subawardees, contractors, successors, transferees, and assignees to acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Sub - recipient shall cooperate with any compliance review or complaint investigation conducted by DHS. 2. Sub - recipient shall give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to this grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Sub - recipient shall submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Sub - recipient shall comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three (3) years, Sub - recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status. Sub - recipient shall provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against Sub - recipient, or Sub - recipient settles a case or matter alleging such discrimination, Sub - recipient shall forward a copy of the complaint and findings to the OHS Component and /or awarding office. The United States has the right to seek judicial enforcement of these obligations. If Sub - recipient is receiving Operation Stonegarden (OPSG) funds, Sub - recipient Is prohibited from obligating or expending OPSG funds provided through this Grant until each unique, specific, or modified county level, tribal or equivalent Operations Order or Fragmentary Order has been reviewed and approved by official notification by FEMA and Customs and Border Protection /Border Patrot (CBPIBP). Each Operations Order will be transferred via the secure portal (CBP /BP) BPETS system from each respective AOR Sector HO to CBP /BP HO in Washington, D.C., for review and pre - approval for Operational continuity, then forwarded to FEMA GPD /PGD OPSG Program Office for final revlewfapproval. Official notification ci approval will be sent by FEMA via email to DPS/THSSAA and CBPIBP HO in Washington, D.C. 1. Sub - recipient shall develop and submit required operational documents through the border area's Integrated Planning Team. 2. Sub - recipient shall maintain an approved Concept of Operations, consisting of a campaign plan and proposed budget which will articulate the intent of how OPSG funds will be used throughout Sub - recipient's grant performance period. 3. If Sub - recipient intends to spend more than 50 percent of its award on overtime over the course of the performance period, a request for an overtime waiver shall be submitted through the Integrated Planning Team. 4. Sub- recipient shall develop and submit Operations Orders for Tactical operational periods to achieve the strategic objectives of the campaign plan. 5. Sub- recipient shall on[ yy initiate tactical operations after the specific Operations Orders) are approved through the Border Patrol Headquarters and by FEMA, and the DPSITHSSAA has issued a Grant Sub - recipient Award or GAN to the jurisdiction. also comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, State linfortnafon bulletins.htm. Texas Uniform Grants Management Standards (UGMS) at nts /UGMS062004. oc and the Stale Administrative Agency Sub - recipient Manual, available at / oientManuatodf Sub - recipient shall, in addition to the assurances and subcontractors emp Dyed in the completion of the project to comply with all applicable statutes, terms and conditions of this Grant, and the approved application. Sub - recipient shall comply with the State of Texas General Appropriations Act, Art. IX, Part 4, as follows: 1. Grant funds may not be expended for a grant to a law enforcement agency regulated by Texas Occupations Code, Chapter 1701, unless the law enforcement agency requesting the grant is in compliance with all rules developed by the Commission on Law Enforcement Officer Standards and Education or the Commission on Law Enforcement Officer Standards and Education certifies that the requesting agency is in the process of achieving compliance with such rules. 2. Grant funds may not be granted to or expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. Pole 4 of le Vol._ 8 % Pg. / f 3. Grant funds may not be expended to a unit of local government unless the following limitations and reporting requirements are satisfied: a. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government employees; b. Texas Government Code Sections 556.004, 556.005, and 556.006, including not using any money or vehicle to support the candidacy of any person for office; not influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose; and not using grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using grant funds to pay dues to an organization with a registered lobbyist; c. Texas Government Code Sections 2113.012 and 2113.101 including not using grant funds to compensate any employee who uses alcoholic beverages on active duty plus Sub - recipient may not use grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; d. Texas General Appropriations Act, Art IX, Section 6.13 requiring Sub - recipients to make every effort to attain key performance target levels associated with this grant award, including performance milestones, milestone time frames, and related performance reporting requirements; and e. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, Including grant funds may only be expended if Sub - recipient timely completes and files its reports. Restrictions and Genera! Conditions A. Use of Funds. DHS grant funds may only used for the purposes set forth in this Grant, and shall be consistent with the statutory authority for this Grant Grant funds may not be used for matching funds for other Federal grants /cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal govemment or any other government entity. B. IN funds shall be expended by Sub - Recipient to pay any parson to influence , or attempt to influence an officer or emp ayes o any agency, a Member of Congress, an officer or employee of Congress, gran employee of a Member of Congress in connecGOn with any Federal action wnceming the award or renewal of any Federal contract, grant, loan, cooperative agreement These obbying Drohibitions may be found at 31 U.S.C. §1352. Further, Sub Reap 00 ay understands and agrees that ti shall not use any federal funds, either directly or indirectly, in support of the enactrnant reppeal, modification or adoption of any law, regulation, or policy, at any level o} govemment without the express pr or written approval of FEMA. C. jmp[17t1p Eyptl9 Sub- recipient is prohibited from transferring funds between grant programs (such as SHSP, UASI, and OPSG) without a property executed GAN. D. Fade Elygjgygg_p,�ohibitipp, Federal employees are prohibited from serving in any capacity (paid or unpaid) on any proposal submitted under this Grant. Federal employees may not receive funds under this Grant. E. Cost Categories. There may be limitations on the use of HSGP funds for the categories of costs listed below. For additional details on restrictions on the use of funds, refer to the FY 2013 HSGP FOA, Appendix C, Funding Guidelines. 1. Management and Administration 2. Planning 3. Organization 4. Equipment 5. Training S. Exercises 7. Maintenance and Sustainment 8. Critical Emergency Supplies 9. Construction and Renovation F. .9Qvernino Board Aomroval Incases where local funding is established by a COG gran Urban Area Security Initiative (UASI) gave the release of funds by DPSIrHSSAA is contingent upon funding allocation approval by the governing board. G. Notices. All notices or communications required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express or Lone Star, to the other party at its respective address. For notice to DPSfTHSSAA see address set forth below. For Sub - recipient, see the address listed on the Grant Sub - Recipient Award page or Point of Contact address listed for the Sub - recipient in the DPSITHSSAA Grants Management System (SPARS). s Homeland Security State Admin. Agency s Department of Public Safety Box 4087 H. Points of Contacts. Ndthin 30 days of any change, Sub - recippient shall notify DPSrHSSAA of any change or correction to the chief elected official, program, and/or financial points of ntact in the DPS/THSSAA grant management system. V01. / Pg. �0 7 P."50f19 I. DUNS Number. Sub - recipient confirms its Data Universal Numbering Systems (DUNS) Number is the number listed on this Grant. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 8661705 -5711 or htto //fade ay.dnb.com/webform. J. Central Contractor Reaistration and Universal Identifier Reouirements. Sub - recipient maintains that it has registered on www.ccr.00v. www.sam.cov /. or other federally established site for contractor registration, and entered DPSrfHSSAA- required information. Sub - recipient shall keep current, and then review and update the CCR information at least annually. Sub - recipient shall keep infernation current in the CCR/SAM database until the later of when it submits this Grant's final financial report or receives final grant award payment Sub- recipient agrees that it shall not make any subaward agreement or contract related to this Grant without first obtaining the vendor /subawardee's mandatory DUNS number. See section .210 of OMB Circular A -133, Audits of States, Local Governments, and Non -profit Organizations. K, Jp��gcatian Play Sub - recipient shall submit its most recently approved Indirect Cost Allocation Plan s by Cognizant Agency to S within 30 calendar days of the approval. "Cognizant agency' means the Federal agency responsible for revewing, negotiating, and approving cost albcatian plans or indirect cast proposals developed under 2 C.F.R. Part 225 on behalf of all Federal agencies. OMB publishes a listing of cognizant agencies at n v i m1 !r Unless the basis of the cast plan changes, Sub - recipient only needs to forward the annual Indirect Cost Rate approval letter to PS /THSSAA within 30 calendar days after approval by the Cognizant Agency. The approved Indirect Cost Plans and approval letters shall be emailed to SAA_S1 4 @:dps.texas.gov . The Sub - recipient name shall be included in the file name and subject line of the email transmittal. L. Reoprtino Total ComoensaVion of Sub-re -ioient Executives . 2 C.F.R. §170.320; see FEMA Information Bulletin 350. 1. Applicability and what to report, Sub - recipient shall report whether Sub -reel lent received $25 million or more in Federal pprocurement contracts or financial assistance subject to the Transparency Act per 2 C.F.R. §170.320. Sub - recipient shall report whether 80% or more of Sub - recipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Sub - recipient answers yes' to both questions, Sub - recipient shall report, along with Sub - recipient's DUNS number, the names and total compensation (see 17 C.F.R. 1229.402(c)(2)) for each of Sub- recipient's five most highly compensated executives for the preceding completed fiscal year. 2. Where and when to report: Sub - recipient shall report executive total compensation atypfL.,gg_r,ggy, www.sam.00v / or other federally established replacement site. Byslgningg this Grant, Sub- reupientcerfifies that, if required, 3Sub- recipient's jurisdiction has already registered, entered the required information, and shall keep information in the CCR/SAM database current, and update the information at least annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Sub - recipient agrees that it shall not make any subaward agreement or contract without first obtaining the subawardees mandatory DUNS number. M. Direct Deposit. If Sub- recipient has not received HSGP reimbursements from DPS/THSSAA within the past eleven (11) months (prior to date of award), it shall forward a new /updated direct deposit form to DPSITHSSAA. Completed direct deposit forms from Sub - recipient shall be err ailed to exasoov. The email subject line and attachment name shall include the jurisdiction name and identify the document attached (i.e. 'Sample County DD form'). The direct deposit form is currently available at f - . Sub - recipient may simultaneously sign up for the Advance Payment Notification A N)email feature which provides State of Texas payees with a one-business -day advance notice that a direct deposit payment has been sent to its financial institution. After receiving an APN, a payee may securely access its payment details online. N. Procurements. Sub- recipient shall comply with all applicable federal, state, and local laws and re quirements, including but not limited to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant in accordance with 44 C.F.R. §13.38. 0. Cyptract ProvisiQpg, All contracts executed using funds granted under this Grant shall contain the contract provisions listed under 44 C.F.R. §13.37(b), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. P. No Contracts with Debarred or Suspended Parties. Prior to contracting with any vendor or subawardee using funds granted under this Grant, Sub - recipient shall determine whether the vendor / subawardee is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department and agency and shall confirm the vendor /subawardee does not have any active "Exclusions' by reviewing the vendor / subawardee entity information at httos:lfwww.sam.aov /portal /oublic/SAMI. Q. Management and Administration. If this Grant includes a specific award of funds to Sub - recipient for management and administration (MA), Sub - recipient shall comply with all applicable requirements and limitations with respect to MBA. For additional information on MBA, refer to Information Bulletin 365 located at htto //www. fema.gov/ grants /meant- nmgrams- directorate4nformation- bulletins.. R. Personnel Cao. Up to fifty percent (50 %) of all HSGP awards received by Sub - recipient may be used for personnel and personnel- related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law 110 -412). In general, use of HSGP funding to pay for staff and /or contractor regular time or overtime/backfill, among other items, are considered personnel - related costs. Sub - recipient may request a waiver to the 500/6 personnel cap b submitting a waiver request through its respective regional council or urban area working group to DPSlTHSSAA at g2v. Requests for waivers shall be submitted on official Sub - recipient letterhead and be signed by an authorized official of Su recipient Waivers shall contain the information required on page 9 of the FEMA Information Bulletin 379. S. Property Management and Inventory. At least every two (2) years, Sub- reciplent shall take a physical inventory and shall reconcile the results with property records. Sub- recipient shall maintain Property/inventory records which, at minimum, shall include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property, the percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of dispposal and sale price of the property. (See sample inventory record format at htto /lAmra txdps.state.be.ustdirector staffJsaalaudit and compliancehtm ) Sub - recipient shall develop and implement a control system to prevent loss, damage or that[ of property and Sub - recipient shall investigate and document any loss, damage or theft of property funded under this Grant T. All publications produced as a result of funding under this Grant, which are submitted for publication in any magazine, jouma , or trade paper, shall include the following: "This material is based upon work supported by the U.S. Department of Homeland Security. The views and conclusions contained in this document are those of the authors and should not be interpreted as necessarily representing the official policies, either expressed or implied, of the U.S. Department of Homeland Security." U. Acknowledaement of Federal Fundina from DHS. Sub- reclplent shall comply with requirements to acknowledge Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. r—— Vol. If 7 Pg. %00S/ I 'wca or 18 V. Use of DHS nPS and DPSITHSSAA Seals and Ni Sub - recipient shall obtain OHS, DPS, or DPSITHSSAA's prior written approval before using any of these agencies' seal s), Logos, crests or reproductions of flags or likenesses of agency officials. Funding of this Grant does not equate to endorsement of use of funding agencies' seals, etc., including use of the United States Coast Guard seal, logo, crests, or reproductions of flags or likenesses of Coast Guard officials. W. .ocvnah Sub - recipient shall comply with requirements regarding publications or other exercise of copyright for any work first prod Federal financial assistance awards hereto related unless the work Includes any information that is otherwise controlled by the Government (e.g., classified information or other information sub act to national security or export control laws or regulations). For any scientific, technical, or other copyrigght work based an or containing data first produced under this Grant, including those works published in academic, technical or professionaljoumals, symposia proceedings, or similar works, Sub - recipient grants the Government royalty-free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works. Sub - recipient shall affix the applicable copyright notices of 17 U.S.C. §401 or 402 and an acknowledgment of Government sponsorship (including award number) to any work first produced under this Grant. Further, Sub - recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for government purposes: (1) the copyright in any work developed under an award or sub - award; and (2) any rigyhts of copyright to which a recipient or Sub - recipient purchases ownership with Federal support Sub - recipient agrees to consult with DPS/THSSAA regarding the allocation of any patent rights that arise from or are purchased with this funding. X. Quarterly Performance Ramona. Sub - recipient shall submit performance reports and progress reviews per DPS1THSSAA and/or FEMA's direction. Reports are entered into the grants management system. Performance reports are due by the twentieth (20th) day after the end of each calendar qquarter. January 20, April 20, July 20 and October 20; or as otherwise specified or required by DPSIfHSSAA. DPS/THSSAA may require other reports or different timelines to meet federal reporting dates or to respond to information requests. Failure to timely complete a performance report will result in Sub - recipient being unable to request additional reimbursements /advances and may affect future funding. Y. Site Visits. OHS and/or OPS/THSSAA, through its authorized representatives, have the right, at all reasonable times to make site visits to review project accomplishments and management control systems and to provide.such technical assistance as may be required. If any site visit is made by DHS on the premises of Sub- recipient or a contractor under this Grant, Sub - recipient shall provide and shall require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. Z. Sub - recipient shall comply with the requirements of EO 13168, Improving Access to Services for arsons with Limited ngGsh Proficiency, and resulting agency guidance, rebore/ origin discriminatlon includes discrimination on the basis of limited English proficiency (LEP). 7o ensure compliance with Title VI, Sub - recipient shall take reasonable steps to ensure that LEP persons have meaningful access to Sub - recipient's programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Sub - recipient Is enwureged to consider the need or language servicas for LEP persons served or encountered both in developing budgets and in conducting programs and actvites. For assistance and information regarding LEP obligations, go tahtto: /Ponmv.leo.cov. AA. Protection of Human Subiects. Sub- recipient shall comp y with the requirements of the Federal regulations at 45 C.F.R. Part 46, which requires that Sub - recipients comply with applicable provisional aw for the protection of human subjects far purposes of research. Sub - recipient shall comply with the requirements in DHS Madeggement Directive 026 -04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 C.F.R. Part 46, research means a systematic investigation, including research, development testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify, additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 C.F.R. Part 46. BB. National Flood Insurance Act of 1968. Sub - recipient shall comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 C.F.R. Part 63. CC. USA Patriot Act of 2001. Sub - recipient shall cornply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Ad (USA PATRIOT Act), which amends 18 U.S.C. § §175 - 75c. Among other things, it prescribes criminal penalties for possession of any biological agent toxin, or delivery systems of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The Act also establishes restrictions on access agen to specified materials. "Restricted persons," as defined by the Act, may not possess, ship, transport, or receive any biological t or toxin that is listed as a select agent. DD. FN America Act of 1974. Sub- recipient shall comply with the requirements of the Preference for U.S. Flag Air Carier& Travel supported by U.S. government funds requirement, which states preference for the use of U.S. flag air carriers (air camers holding certificates under 49 U.S.C. §41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. §40118) and Comptroller General's guidelines. EE. Activities and u ct d Abroad. Sub - recipient shall comply with the requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. FF. Traffickine Victims P otection Act of 2000 All recipients of financial assistance shall comply with the requirements of the government-wida awe term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 C.F.R. Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, Section 108(8) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a sub - recipient: (a) engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b) procures a commercial sex act during the period of time that the award is in effect; or (c) uses forced labor In the performance of the award or subawards under the award. F___ Vol. 189 pg. /�,� I ve0e)or ie DPSJTHSSAA is authorized to terminate this award, without penalty, if the above condition is violated. Sub - recipient shall include this condition In any subawards or contracts it makes as a result of this Grant. Full text of the award term is provided at 2 C.F.R. §175.15. GG. Sub - recipient shall comply with the requirements of Titles I, 11, and III of the Americans with Dasbi hies Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. 42 U.S.C. §§ 12101- 12213. HH. Public Dissemination of Sensitive Information. Sub - recipient shall notify DPS/THSSAA of any workshops, conferences, seminars or other public venues at least one hundred (100) calendar days before presenting any potentialfy sensitive information larding this project No sensitive information may be presented by Sub- recpients' personnel without DP /THSS and the DHS Grants 0 cars review and prior written approval. II. Security Concerns/Violations. Sub - recipient shall inform the THSSAA's Deputy Assistant Director in writing within two (2) calendar days of Sub - recipient being made aware of any security concerns with individuals having access to government facilities or sensitive information. In the event that sensitive information is divulged in violation of Sub - recipient's security procedures, Sub - recipient shall immediately notify the DPSITHSSAA Deputy Assistant Director and take appropriate law enforcement and legal action. JJ 1. No funding under this award shall be used to support a contract, sub - award, or other agreement for goads or services that will include access to classified national security information if the award recipient has not bean approved for that access to such information. 2. "Classified national security information' as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to ED 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. 3. Where an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, sub - award, or other agreement for goods or services that will include access to classified national security information by the contractor, sub- awardee, or other entity without prior written approval from the OHS Office of Seoul tndustrial Security Branch Program (ISBP), or an appropriate official within the Federal department or agency with whom the class ified effort will be performed. 4. Such contracts, sub - awards, or other agreements shall be processed and administered In accordance with the DHS "Standard Operation Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008: EO's 12829, 12959, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and /or other applicable implementing directives or instruction. All security requirement documents are currently located at 5. Immediately upon determination by the award recipient that funding under this award will be used to support such a contract, sub-award, or other agreement, and prior to execution of any action to facilitate the acquisition of such a contract sub-award, or other agreement, the award reciplent shall contact SIPS, or the appropriate Federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Telephone: 202 -447 -5346, Email: DD254AdmmistrativeSecujjidhs .gov, Mail: Department of Homeland Security, Office of the Chief Security Officer, ATTN: ASD /Industrial Security Program Branch, Washington, DC. 20528 who collect Personally Identifiable it uses the PII, whether It shares PII may also find as a useful resource the iuns2010 ndf and LL. In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.G. $2225(a), Sub-recipient shal ensure mat all conference, meeting, convention, or training space funded in whole or in part with Federal ffuunds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225 MM. false Claims Act and Proaram Fraud Civil Remedies. Sub - recipient shall comply with the requirements of 31 U.S.C. §3729 which set tariff that no recipient of federal payments shall submit a false claim for payment See also 38 U.S.C. §3801 -3812 which details the administrative remedies for false claims and statements made. NN. Duolication of Benefits. State, Local and Tribal Sub - recipients shall comply with 2 CFR Part §225, Appendix A, Paragraph (C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies. r A. During the performance period of this Grant, Sub - recipient, counties, cities, towns, and Indian tribes shall maintain an Emergency Management Plan at the Intermediate Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (TDEM). This may be accomplished by a jurisdiction maintaining its own emerggency management plan or participating in an inter - jurisdictional emergency management pro gram that meets the required standards. If TDEM identifies deficiencies in Sub - recipient's plan, Sub - recipient shall correct deficiencies within 60 days of receiving notice of such deficiencies from TDEM. B. Projects identified and approved in the DPS(THSSAA web-based grant management system must identify and relate to the goals and objectives indicated by the applicable approved project investments for the period of performance of this Grant. Sub- recipient shall submit project plans, milestones, outputsloutcomes, narratives and budget to DPS/THSSAA and FEMA (if required) for approval prior to expending or requesting advances of any funds for this Grant. Sub - recipient shall enter appropriate project milestones into the DPS/THSSAA web -based grants mansgement system within 60 days after award or by the deadline established by DPSITHSSAA, whichever is sooner. Sub- recipient shall report on project status and accomplishments (milestones and outputs /outcomes) in the fonnat(s) and timeframes as required by DPSrrHSSAA. C. During the performance period of this Grant, Sub - recipient shall: 1. Participate in a legaflyadopted county and/or regional mutual aid agreement. 2. Implement the National Incident Management System (NIMS) in a manner consistent with the NIMS Implementation Objectives Vol. S Pg. IJ901 P., 8 0r 18 outlined by FEMA at httoJhvww .fema.aov /imolementaton- and - compliance- auidance- stakeholders#item4. 3. Be a registered user of the Texas Regional Response Network (TRRN) (or other re onse asset inventory management system specified by DPSrrHSSAA) and shall identify, resource type, and credential all major deployable resources such as vehicles and trailers, equipment costing $5,000 or more, and specialized teams /response units equipped and /or trained using grant funds (i.e., hazardous material, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions through mutual aid. htto' /hvwwi maaov/ meraen v /nimara soy eMnamnt. ehtm #it m'i D. Regional Planning Commissions /Council of Governments (COGs) shall follow guidelines listed in the DPSITHSSAA FY2013 COG Statement of Work. Monitoring Sub - recipient will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirements, timelines, milestone completion, budget, and other program- related criteria are met. DPSlTHSSAA, or its authorized representative, reserves the right to perform periodic desk/office -based and /or on -site monitoring of Sub - recipient's compliance with this Grant and of the adequacy and timeliness of Sub - recipients performance ppursuant to this Grant. After each monitoring visit, DPS/THSSAA shall provide Sub - recipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in Sub- recipient's performance under this Grant, the monitoring report shall include requirements for the timely correction of such deficiencies by Sub - recipient Failure by Sub - recipient to take action specified in the monitoring report may be cause for suspension or termination of this Grant pursuant to the Suspension and /or Termination Section herein. Audit r Sub - recipient shall arrange for the performance of an annual financial and compliance audit of funds received and pe ormances rendered under this Grant as required by the Single Audit Act (OMB Circular A — 133; 44 C.F.R. 13.26). Sub - recipient shall comply, as applicable, with Texas Government Code, Chapter 783, the Uniform Grant Management Standards (UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. Right to Audit Sub - recipient shall ggive the United States Department of Homeland Security (DHS), the Comptroller General of the United States, the Texas State Auditor, DPSrrHSSAA, or any of their duty authorized representatives, access to and the right to conduct a financial or compliance audit of grant funds received and performances rendered under this Grant Sub - recipient shall permit DPSlTHSSAA or its authorized representative to audit Sub - recipient's records. Sub - recipient shall provide any documents, materials or information necessary to facilitate such audit. Sub - recipient's Liability for Disallowed Costs. Sub - recipient understands and agrees that it shall be liable to DPS1THSSAA for any costs disallowed pursuant to any financial or compliance audigs) of these funds. Sub - recipient further understands and agrees that reimbursement to DPSfrHSSAA of such disallowed costs shall be paid by Sub - recipient from funds that were not provided or otherwise made available to Sub - recipient pursuant to this Grant or any other federal contract. Sub - recipient's Facilitation of Audit. Sub - recipient shall take such action to facilitate the performance of such audit($) conducted pursuant to this Section as DPS /THSSAA may require of Sub - recipient. Sub - recipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Sub - recipient and the requirement to cooperate is included in any subcontract it awards. State Auditor's Clause. Sub-rscipient understands that acceptance of funds under this Grant acts as acceptance of the authority of the State Auditor's Office to conduct an audit or investigation in connection with those funds. Sub - recipient further agrees to cooperate fully with the State Auditors Office in the conduct of the audit or investigation, including providing all records requested. Sub - recipient shall ensure that this clause concerning the State Auditor's Office's authority to audit funds and the requirement to cooperate fully with the State Auditor's Office is included in any subgrants or subcontracts it awards. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Sub - recipient relating to this Grant Retention and AccessibUit4 of Records Retention of Records. Sub - recipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant's funds pursuant to the applicable OMB Circular, 44 CFR Section 13.42, UGfAS §_.42, and this Grant Sub - recipient shall retain these records and any supporting documentation for a minimum of three (3) years from the later of the completion of this project's public objective, submission of the final expenditure report, anyy fityation, dispute, or audit. Records shall be retained for three (3) years after any real estate or equipment flnal disposition. The OHS or DPSfTHSSAA may direct Sub - recipient to retain documents or to transfer certain records to DHS custody when DHS determines that the records possess long term retention value. Sub- recipient shall give the United States Department of Homeland Security, the Comptroller General of the United States, the Texas State Auditor, DPS/THSSAA, or any of Its duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by Sub - recipient pertaining to this Grant including records concerning the past use of DHS /FEMA funds. Such rights to access shall continue as long as the records are retained by Sub- recipient. Sub - recipient shall maintain such records in an accessible location and provide citizens reasonable access to such records consistent with the Texas Public Information Act, Texas Government Code, Chapter 552. Inclusion in Subcontracts. Sub - recipient shall include the substance of the Retention of Records and Access to Records section herein in all subcontracts. After Action Reporting. Sub - recipient shall complete, deliver to the appropriate source, and retain copies of all after -action reports and certificates of completion for all training and exercises paid for by this grant. Legal Authority Signatory Authority. Sub - recipient assures and guarantees that Sub - recipient possesses the legal authority to enter into this Grant, receive grant funds and to perform the project Sub - recipient has obligated itself to perform pursuant to this Grant Authorized Representative. The person or persons signing and executi nt's behalf dg warrant and guarantee Vol. Pg. is that he/she has been duly authorized by Sub - recipient to execute this Grant on Sub - recipient's behalf and to validly and legally bind Sub - recipient to all terns and conditions and performance obligations. Conflicts in Reouirements_ If conflict exists between federal, state, or local requirements, Sub - recipient shall comply with the strictest requirement. Notice of Litigation and Claims Sub- recipient shall give DPS/THSSAA immediate notice in writing of any action or claim, including any proceeding before an administrative agency, filed against Sub- reciplpent arising out of performance of this Grant Except as otherwise directed by DPS/THSSAA, Sub - recipient shall furnish immediately to DPSITHSSAA copies of all documentation or pleadings received by Sub - recipient with respect to such action or claim. No Liability for Ei loyees and Officers DPSITHSSAA shall have no liability whatsoever for the actions or omissions of an individual employed or contracted by Sub - recipient, regardless of where the individual's actions or omissions occurred. Non- Waiver of Defaults Any failure of DPS/THSSAA, at any time, to enforce or require the strict keeping and performance of any provision of this Grant shall not constitute a waiver of such provision, and shall not affect or impair same or the right of DPS/THSSAA at any time to avail itself of same. A waiver does not become effective unless DPSrrHSSAA expressly agrees to such waiver in writing. Any payment byy DPS/THSSAA shall not constitute a waiver or otherwise impair or prejudice any right, power, privilege, or remedy available to DPS/THSSAA to enforce its rights, as such rights, powers, privileges, and remedies are specifically preserved. Chancres and Amendments Modification. FEMA or DPSITHSSAA may modify this Grant after an award has been made. Once notification has been made in writing, any subsequent request for funds indicates Sub - recipient's acceptance of the changes to the award. Any alteration, addition, or deletion to this Grant by Sub - recipient is not valid. Written Amendment. Alterations, additions or deletions to this Grant, such as changes to period of performance and award amounts, shall be made through an executed Grant Adjustment Notice (GAN). A4011gLj1YlQ,Am @ ptl, During the period of performance for this Grant. DPS/THSSAA and /or FEMA may issue policy directives that serve to establish, interpret or clarif(yy this Grant's performance requirements. Such policy directives shall be promulgated by DPSITHSSAA or FEMA in the farm of Information Buf etins and Sub - recipient Manuals and shall have the effect of modifying this Grant and shall be binding upon Sub - recipient as if written in this Grant. Effect of Chances in Federal and State Laws. Any alterations, additions, or deletions to this Grant that are required by charges in federal and state laws or regulations are automatically incorporated into this Grant without written amendment to this Grant and shall become effective upon the date designated by such law or regulation. In the event FEMA or DPS/THSSAA determines that changes are necessary to this Grant after an award has been made, including changes to the period of performance or terms and conditions, Sub - recipient shall be notified of the charges in writing; Once notification has been made, any subsequent request for funds will indicate Sub- recipient's acceptance of the changes to this Grant. Headings Headings and captions of this Grant are only for convenience and reference. These headings and captions shall not awed or modify the terms and conditions or be used to interpret or assist in the construction of this Grant. Venue shall lie in Travis County, Texas, and this Grant is governed by the laws of the State of Texas. Su,Snensio u In the event Sub - reciplent fails to comply with any term of this Grant, DPSITHSSAA may, upon written notification to Sub - recipient, suspend this Grant, in whole or in part, withhold payments to Sub - recipient and prohibit Sub - recipient from incurring additional obligations of this Grant's funds. DPSrrHSSAA shall have the right to terminate this Grant, in whole or in part, at any time before the and of the Performance Period, if DPS/THSSAA determines that Sub - recipient has failed to comply with any term of this Grant. DPSfTHSSAA shall provide written notice of the termination and include: The reason(s) for such termination; 2. The effective date of such termination; and 3. In the case of partial termination, the portion of this Grant to be terminated. Appeal may be made to the Deputy Director of Homeland Security, Texas Department of Public Safety. Vol. / 89 Pg. oae. ro or re If Sub- recipient materially fails to comply with any term of this Grant, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, DPSITHSSAA or DHS may take one or more of the following actions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by Sub - recipient or more severe enforcement action by DPS/THSSAA or DHS; 2. Disallow, that is, deny both use of funds and matching credit for, all or part of the cost of the activity or action not in compliance; 3. Wholly or partially suspend or terminate this Grant for Sub - recipient's program; 4. Withhold further awards for the program; or 5. Take other remedies that maybe legally available. In taking an enforcement action, DPS/THSSAA will provide Sub - recipient an opportunity for a hearing, appeal, or other administrative proceeding to which Sub - recipient is entitled under any statute or regulation applicable to the action involved. The costs of Sub - recipient resulting from obligations incurred by Sub - recipient during a suspension or after termination of this Grant are not allowable unless DPS/THSSAA or DHS expressly authorizes them In the notice of suspension or termination or subsequently. Other Sub - recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if. 1. The costs result from obligations which were properly incurred by Sub - recipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of a termination, are non- cancellabte; and 2. The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section, including suspension and termination, do not preclude Sub - recipient from being subject to "Debarment and Suspension" under E.O. 12549. 44 C.F. . §13.35. Conflict of Interest No employee, officer or agent of Sub- recipient shall participate in the selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, is involved or otherwise creates the appearance of impropriety. Closing of the Grant A. DPS/THSSAA will close a sub -award after receiving Sub - recipient's final quarterly performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to award modifications and payments. If the close out review and reconciliation indicates that Sub - recipient is owed additional funds, DPS/THSSAA will send the final payment automatically to Sub - recipient If Sub- recipient did not use all the funds received, DPS/THSSAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds. Sub - recipient will return the funds to the DPSITHSSAA within 3D days of receiving the GAN. S. At the completion of Sub- recipient's performance period. DPS/THSSAA will de-obligate all uncommitted / unexpended funds. C. The closeout of this Grant does not affect: 1. DHS or OPS/THSSAA's right to disallow costs and recover funds on the basis of a later audit or other review; 2. Sub - recipient's obligation to return any funds due as a result of later refunds, corrections, or other transactions; 3. Records retention requirements, property management requirements, and audit requirements, as set forth herein; and 4. Any other provisions of this Grant that impose continuing obligations on Sub - recipient or that govern the rights and limitations of the parties to this Grant after the expiration or termination of this Grant Please fill in the appropriate information and certify by signing below that you have read, understood, and agree to the terms of this Grant. Print Name of Authorized Title l 5/13 re of Authorized Official Date new + +w,e EXHIBIT A ASSURANCES - NON - CONSTRUCTION PROGRAMS See Standard Form 4248 As the duly authorized representative of Sub - recipient, I certify that Sub - recipient: 1. Has the legal authonty to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project cost) to ensure proper planning, management and completion of the project described in this agreement. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. § 4728 -4763) relating to Prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specifia in Appendix A of OPM is Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: Sa) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title XX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681 -1683, and 1685 -1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicaps; (dS the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101 -610 ), which prohibits discrimination on the basis of age; (a) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (t) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91816), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 3 §290dd -3 and 29099- 3), as amended, relating to confidentiality of allcohol and drug abuse patient records; (h) Title VII( of the Civil Rights Act of 1968 (42 U.S.C. § §3601 at seq. as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the sped c statute(s) under which agreement for Federal assistance is being made; and, 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally- assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 6. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. § §1501.1508 and 7324.7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § 276a to 276a -7), the Copeland Act (40 U.S.C. 6276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (49 U.S.C. § §327.333), regarding labor standards for federally- assisted construction sub - agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special Hood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190 as amended by 42 U.S.C. 4311 at seq. and Executive Order (EO) 11514) which establishes national policy goats and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for AS grant - supported activities, OHS -FEMA requires the environmental aspects to be reviewed and evaluated before final action on the application (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 at seq.), (f) comply with the Clean Air Act of 1977, (42 U.S.C. § §7401 at seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1958 (16 U.S.C. § §1271 at seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. WII assist the awarding agen in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (iddanb ication and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a -1 at seq.). 14. Will comply with P.L. 93 -348, 45 C.F.R. 46, and DHS Management Directive 026 -044 (Directive) regarding the protection of human subjects involved in research, development, and related activities supported by this award. 'Research' "means a systematic investigation, including research, development, testing, and evaluation designed to develop or contribute to general knowledge. See Directive for additional provisions for including humans in the womb, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). See also state and local law for research using autopsy materiels. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. § §2131 at seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Vol. 8 9 Pg. /9� I Pne12OFta Principals Regarding the Care and Use of Animals 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § §4801 at seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A -133, "Audits of Stales, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policies governing this program. Please flil in the appropriate Information and sign to certify this Exhibit A. Print NamA of Authorized Official Title Date Vol. _ / �/r' Pg. / g/ pw n os 1s EXHIBIT B ASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424D As the duly authorized representative of Sub - recipient, I certify that Sub - recipient: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial cepabili (including funds sufficient to pay the non - Federal share of project costs) to ensure proper planning, management and completion oproject described in this agreement 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. WII not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. § §4728 -4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. WII comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § §4801 at seq.) which prohibits the use of lead -based pain in construction or rehabilitation of residence structures. 10. -Win comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88.352) whiohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 N N.C. § §1681 1683, and 1685 -1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Ad of 1975, as amended (42 U.S.C. § §6101 - 6107), which prohbiIs discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P. L. 92 -255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive cohol Abuse and Alcoholism Prevention, Treatment and rehabilitation AG of 1970 (P. L. 91 -616), as amended, relating to nondiscrimination on the basis of elcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 55290ddi and 290ee 3 as amended, relating to confident silty of alcohol and d ug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 Al U,S.C. §3601 et seq.), as amended, relating to no in thasale, rental or financing of housing; (i) any other nondiscrimination provisions in the specfic statues) under which agreement for Federal assistance is being madet and Q) the requirements of any other nondiscrimination statue(s) which may apply to the agreement. 11. Will comply, or has already complied, with the requirements of Tides II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a resuft of Federal and federally- assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation In purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. § §1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal) employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. 8874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327- 333) regarding labor standards for federally- assisted construction sub - agreements. 14. WII comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood Insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which maybe prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514 which establishes national policy gcals and procedures to protect and enhance the environment, including protection against natural disasters; (b) notification of violating facilities pursuant to ED 11738; (c) protection of wetlands pursuant to EO 11990:(d) evaluation of flood hazards in floodplains In accordance with ED 11988; (e) assurance of project consistency with the approved State management program devel ad under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 at seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §7401 at seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters;(g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523): and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93 -205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 at seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agencyy in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), ED 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of Vol. ,r8 9 pg. 1974 (16 U.S.C. %469a -1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A -133, "Audits of States. Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policies governing this program. Please fill in the appropriate information and sign to certify this Exhibit B, if applicable. Print Name of Authorized Official d. uo re kr5 Title Vol. _ I -q/ Pg- /1_�r Pry. t, Of 1! Exhibit C Certifications The undersigned, as the authorized official, certifies the following to the best of his /her knowledge and belief. A. No Federal appropriated funds have been paid or will be paid, by or an behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of congress, or an employee or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 8. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection wdh this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL Disclosure of Lobbying Activities, in accordance with its instructions. C. The undersigned shall require that the language of this certification prohibiting lobbying be included in the award documents for all sub - awards at all tiers (including subcontract, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submisslon of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510. (Federal Certification). The Sub - recipient certifies that it and its principals and vendors: 1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal Court, or voluntarily excluded from covered transactions by any Federal department or agency Sub- recipients can access debarment information by going to www.eols.aov or and the State Debarred Vendor List w v windo,v st to tx u lorocrremenUmroo /vendor oe omrance'debarred, 2. Have not within a three -year period preceding this agreement been convicted of or had a civil Judgment rendered against them for commission of fraud cr a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presen8y indicted for or otherwise criminally or civill charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (D) (12) of this certification; and 4, Have not within a three -year period preceding this agreement had one or more public transactions (Federal, State, or local) terminated for cause or default; or 5. Where the sub - recipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this agreement. (Federal Certification) E.' The Sub - recipient certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated far the same purpose. Sub - recipient may be required to supply documentation certifying that a reduction in non - federal resources occurred for reasons other than the receipt or expected receipt of federal funds. F. Sub - recipient must comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds, and sub - recipient must require such compliance in any sub - grants or contract at the next tier. G. Drug -free Workplace Act, as amended, 41 U.S.C. §701 at seq. — Requires the recipient to publish a statement about its drug -free workplace program and give a copy of the statement to each employee ( including consultants and temporary personnel) who will be involved in award- supported activities at any site where these activities will be carried out Also, plaos(s) where work is being performed under the award (i.e., street address, city, state, and zip code) must be maintained on file. The recipient must notify the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs In the workplace. For additional information, see 44 C.F.R. Part 17. Sub - recipient shall comply with the requirements of the Drug -Free Workplace Act of 1988, which requires that all organizations receiving grants from any Federal agency agree to maintain a drug -free workplace. H. Sub - recipient agrees that it is not delinquent on any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A -129 and form SF -424, item number 17 for additional information and guidance. I. Sub - recipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. J. Sub - recipient understands that failure to comply with any of the above assuranees may result in suspension, termination or reduction of grant funds. Please fill In the appropriate information and sign to certify this Exhibit C. Print Name of Authorized Official Title 5 /r3 Vol. -�� pg.p P".160118 EXHIBIT D State of Texas Assurances As the duly authorized representative of Sub - recipient, I certify that Sub - recipient: 1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Sub - recipient's governing body or of the Sub - recipient's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. Shall insure that all information collected, assembled, or maintained by the Sub - recipient relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law 3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. S. Shall not contractwith or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Sub - recipient is a health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission an Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules if the Sub - recipient is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. 7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and sub - recipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section _ 36 for additional guidance on contract provisions). 8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub - recipient shall also ensure that all program personnel are property trained and aware of this requirement. 9. Shall compply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), which prohibits discrimination on the basis of race color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681 -1683, and 1685 - 1666), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles I, II, and III of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities,' 4 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. § §6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92.255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290dd-3 and 290es -3), as amended, relating to confidentiality oT alcohol and drug abuse patient records; (h) Title VIII of the Civil Rigghts Act of 1968 (42 U.S.C. § §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; p) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and G) the requirements of any other nondiscrimination sta te(s) which may apply to this Grant. 10. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§§276a to 276a-7), the Copeland Act (40 U.S.C. aa276c and 18 U S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards for federally assisted construction subagreements. 11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91 -646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § §7321 -29), which limit the political activity of employees whose principal employment activities are funded in whole or In part with Federaifunds. 13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accompl'ahment of the project are not listed on the Environmental Protection Agency's (EPA)) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of an communication from the Director of the EP ,4 Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (ED 11738). 15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisidon proposed fpr use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality Vol. / 'Y' Pg. "a" control measures under the National Environmental Policy Act of 1989 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to ED 11738; (c) protection of wetlands pursuant to ED 11990; (d) evaluation of flood hazards in floodplains in accordance with ED 11988; (e) assurance of pro ect consistency with the approved state management rogram developed under the Coastal Zone Management Act of 1972 (16 U.S.0 g §1451 at seq.); (n conformity of federal actions to State (Clear Air) Implementation Plans under Section 175(c) of the Clear Air Act of 1955, as amended (42 U.S.C. 547401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 935£3): and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93 -205). 17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 at seq.) related to protecting components or potential components of the national wild and scenic rivers system> 18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§489a -1 at sec.). 19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89544, as amended, 7 U.S.C. § §2131 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals. 20. Shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 at seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residential structures. 21. Shall comply with the Pro-Children Act of 1994 (Public Law 103 -277), which prohibits smoking within any portion of any indoor facility used for the provision of services for children. 22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. 24. Certifies that is and its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligbility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at hflos /hvww sam.cov /oortalloublic)SAM/ 25. Shall adopt and implement applicable provisions of the model HIVlAIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, at seq. Please fill In the appropriate infonnaflon and sign to certify this Exhibit D. Print Name of Authorized OL Gape is a 18 cl A mg Z IRI fi !pO " O O > O as cc zi Vol. z z u D Z cc UP &I 16 es 94 Z cl A mg Z IRI fi !pO " O O > O as cl A mg Z IRI fi qO QoN O SpN pO !pO " > cc zi Vol. qO QoN O SpN pO P9 . !i I rn LL CL 0 L 94 Z P9 . !i I rn LL CL 0 L Brazos County Job Description Last Updated; September 2012 Chas Number: $46 Senior Manager, Bra= Valley Fair & Expigaillon Pay Group: 27 Department: Expollifflon Complex _ -- FLEA status: General Manager Approved Date: 17tb8H3 —�_ —iEO—d Csttlgory Administrative General responsible Me poaldon Is for I Ing the General Manager, SlAff and volunteers in planning, &j9K mensginglobarellng the Brazos Valley Fa'r & Exposition. it Is rosponwble for assisting the General Manager In providing the overall direction and leadership required to accomplish the mission and goals eslabiienad for Ine arganizationlevard. Essential Dutbs: vTdng cto' i alai In being the senior the rWniWWnWir, managing tins Efm—ns viii–ey Fair & Exposition and pm tm dW n and leadership needed to dewlap and grow the organizatiordevent Into a nationally recognized mid major or regional fair. 2. Assist in being a mentor and providing leaderalhip/dIrecdon to the Assistant Manager of the Brazos Valley Fair a Exposition. 3. Assist in performing all necessary duffe9ftsponsibiffife# required to sucomosk Ily organize, plan. and manage the Brazos Valley Fair A Exposition each year. 4. Provide leadership In all facets of managing a mid major fall Including an open/junlor livestock show, a rodeo, commercial exhibits, educational! o&bfts, attractions, carnival operations, entertainment, lbod/beverage operations, marketing and Sponsorships. 5. Assist in developing and admInIsterino fair pokles and procedures and setting goals and objecdwe Including the development of creativeAnnovatIve methods or war lo make the Brazos Valley Fair & ExposNon a recognized leader In the fair Industry. 6. Assist in supervising, training and evaluating ernployesa and voWnta*rs of the Brazos Valley Fair A Exposition. 7. Assist the Gonered Manager v developing and monitoring the annual budget for the Brazos Valley Fair & Exposition, 8. Assist the General Manager b IdmWng and nagollatIng all Sponsorships, donations, contracts and grants for the Brazos Valley Fair & Exposition. Q. Assist In marketing anc! promoting the Swas Valley Fair & Exposition. 10. Assist as necessary In madketIngipromotIng the Brazos County Expo Complex 11. Assist as needed In manag ng and coordinating select events at the Onclos County Expo Complex Other Duties es assigned. (1 ° /a) R*q@'r*d:- Priderred: Advarlooddogressareprollarrod. recognized county. Required: None rined. f-fi6i Demands tereiva Wdaing nee in a mia-man"ement or u majors major fair Is required. IVol. /F 9 - pg. 1+ Typ Wa1; Knowledge of Job related Information system and technology Is essential. oemonetraled Notary or leadVaWl end communicetlon aldle wkh proven abilities in crlgcal Ihlnktiyanalyeb, elfakpk planning, selling short/long ton goals, budgeting and program eveluallon Is desired. Excellent oommunlcation si and leamwork ospablltiea are required. . periods, speclel projects and during Fair d Expoakion V� Duane Peters Date County Judge Vol. isy pg. /9i \ \) if ce \ \ \� . � \ \ (�k� /� k2\ � } §§ J / ! \ \) if ce ■ .6 Ism ! I Vol. I CL N pg. 0 \ \ \� . � \ �. k2\ � } ■ .6 Ism ! I Vol. I CL N pg. 0 � . . |7f� � | � | | � � \ I § | � \ / �7 � � $ cc Al \ it z 99 Q Adi k ig ° . / ! \! Is I J sal, .4 ;!! ;e§ 09 z `. / \y\ / 9 7. pg.oza/ 3VMJlWQ COUNTY OF BRAZOS 11 INTERLOCAL AGREEMENT BETWEEN CITY OF BRYAN, TEXAS BRAZOS COUNTY, TEXAS; AND CITY OF BRYAN AND BRAZOS COUNTY ECONOMIC DEVELOPMENT FOUNDATION, INC. THIS INTER-LOCAL AGREEMENT is entered into by and between the City of Bryan ( "City "), a Texas home -rule municipal corporation, Brazos County ( "County "), a political subdivision of the State of Texas, and the City of Bryan and Brazos County Economic Development Foundation, Inc. ( "BBCEDF "), a Texas Transportation Code local government corporation (`'Agreement"), and is effective for all purposes as of October 1, 2010 ( "Effective Date "). WHEREAS, the respective participating governments (the "Parties ") are authorized by the Interlocal Cooperation Act, LOC. GOV'T CODE ANN. §791, to enter into an agreement for to administer a program for local economic development; and WHEREAS, in 2009, the City coordinated with the County with regards to the creation of the BBCEDF for the purpose of promoting the development of an industrial park in an unincorporated area of Brazos County, just outside the city limits; and WHEREAS, the City and the County have shared equally in the responsibilities associated with the formation, operation, and funding of the BBCEDF; and WHEREAS, the BBCEDF entered into several contracts for the purchase of real estate that will be developed, marketed, and governed as the Texas Triangle Industrial Park and Inland Port ( "Park "); and WHEREAS, the County wishes to contract with BBCEDF as its agent pursuant to TEX. LOC. GOV'T CODE ANN. §381.004 to administer the County's program for local economic development in the Park; and WHEREAS, the City wishes to contract with BBCEDF as its agent pursuant to TEX. LOC. GOVT CODE ANN. §380.001 to administer the City's program for local economic development in the Park; and WHEREAS, the BBCEDF has contracted with various vendors to provide services related to the development, marketing, and sale of the land in the Park, and has incurred other operational expenses set forth in its annual budget; and WHEREAS, the City and the County have determined that it is in the best interests of their citizens that the BBCEDF be supported in the development of Park because the economic Vol. y\ pg._ot i .a impact of newjobs, increased property value, and additional utility revenue will benefit the local economy; and NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties agree as follows: A. Annual Budget BBCEDF adopts an annual budget showing reasonably anticipated revenue and expenses for each year. The annual budget is subdivided into an operational component and a real property purchase component. 2. Once a budget has been approved by the BBCEDF Board of directors it will be submitted to the Brazos County Commissioner's Court and the Bryan City Council for review and approval. The City and County agree to make an annual lump sum payment sufficient to cover respective portions of the annual budget within thirty (30) days following approval of the budget by both governing bodies. Each governmental entity's obligation to make a payment is conditional upon the approval of the budget by the governing body of each governmental entity. B. Operational Costs 3. The BBCEDF budget will include the operational costs associated with the maintenance, development, and marketing of the Park. The operational budget may be offset by any grants, gifts, interest income, or other unencumbered revenue received by the BBCEDF. 4. The City will be required to pay up to fifty percent (50 %) of the operational costs of the BBCEDF, and the County will required to pay up to fifty percent (50 %) of those operational costs. C. Real Property Purchase Costs 5. The BBCEDF budget will include costs associated with the purchase of the real property that constitutes Phase I of the Park, also known as the Wheeler tract. Those costs are to be subdivided between the City and the County, as previously agreed, with the County paying a higher percentage of the annual cost in order to compensate for expenditures by the City for infrastructure improvements being made by the City. D. Total Annual Contribution for Current Fiscal Year 6. The BBCEDF shall receive the following sums: a. The City shall contribute $109,122.40 to the BBCEDF this fiscal year. b. The County shall contribute $134,971.24 to the BBCEDF this fiscal year. Fol-� 7-Pg._ ? o E. Miscellaneous Annual Approval. The obligations of the City and the County under this Agreement are subject to annual approval by the governing bodies of each entity. 8. Term. This Agreement shall continue in force for one (1) year from the Effective Date, or until the real property constituting the Park has been sold or transferred to another entity, the debts and obligations of the BBCEDF have been paid, and the B13CEDF dissolves pursuant to its governing documents and state law, whichever occurs first. 9. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective while this Agreement is in effect, such provision shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted provision, there shall be added as part of this Agreement a provision that is legal, valid and enforceable and that is as similar as possible in terms and substance as possible to the deleted provision. 10. Texas law to apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas and the obligations of the parties created hereunder are performable by the parties in the City of Bryan, Texas. Venue for any litigation arising under this Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas. 11. Sole Agreement. This Agreement constitutes the sole and only Agreement of the Parties hereto respecting the subject matter covered by this Agreement, and supersedes any prior understandings or written or oral agreements between the parties. 12. Amendments. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing and dated subsequent to the date hereof and duly executed by the parties hereto. 13. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any and all other legal remedies. Said rights and remedies are provided in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 14. Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 15. Interpretation. The parties acknowledge that each has had the assistance of counsel in the review of this agreement, no one party is to be deemed the author of the agreement, and ambiguities shall not be resolved against any party. The caption headings of this Agreement are for reference only and shall not affect its interpretation. This Agreement is entered into for the exclusive benefit of the parties hereto and not for any other third parties. Nothing in this Agreement, expressed or implied, is intended to confer upon any person or entity not a party to this Agreement any rights or remedies under this Agreement. Vol. 1,51'.? Pg..?05% 16. Duolicate Originals. The parties may execute this Agreement in duplicate originals, each of equal dignity. If the parties sign this Agreement on different dates, the later date shall be the effective date of this Agreement for all purposes. Executed this _ day of , 2013. CITY OF BRYAN ATTEST Jason P. Bienski, Mayor Mary Lynne Stratta, City Secretary APPROVED AS TO FORM Janis K. Hampton, City Attorney OS COUNTY APPROVED AS TO FORIyb,\ Doane Peters, County Judge Bill Ballard, Asst. County Attorney BRYAN BRAZOS COUNTY ECONOMIC DEVELOPMENT FOUNDATION, INC. Jason P. Bienski, President Vol. X87 Pg..g STATE OF TEXAS § COUNTY OF BRAZOS § INTERLOCAL AGREEMENT BETWEEN CITY OF BRYAN, TEXAS BRAZOS COUNTY, TEXAS; AND CITY OF BRYAN AND BRAZOS COUNTY ECONOMIC DEVELOPMENT FOUNDATION, INC. THIS INTERLOCAL AGREEMENT is entered into by and between the City of Bryan ("City "), a Texas home -rule municipal corporation, Brazos County ("County"), a political subdivision of the State of Texas, and the City of Bryan and Brazos County Economic Development Foundation, Inc. ('6BBCEDF "), a Texas Transportation Code local government corporation ( "Agreement "), and is effective for all purposes as of October 1, 2011 ("Effective Date "). WHEREAS, the respective participating governments (the "Parries ") are authorized by the Interlocal Cooperation Act, LOC. GOV'T CODE ANN. §791, to enter into an agreement for to administer a program for local economic development; and WHEREAS, in 2009, the City coordinated with the County with regards to the creation of the BBCEDF for the purpose of promoting the development of an industrial park in an unincorporated area of Brazos County, just outside the city limits; and WHEREAS, the City and the County have shared equally in the responsibilities associated with the formation, operation, and funding of the BBCEDF; and WHEREAS, the BBCEDF entered into several contracts for the purchase of real estate that will be developed, marketed, and governed as the Texas Triangle Industrial Park and Inland Port ( "Park "); and WHEREAS, the County wishes to contract with BBCEDF as its agent pursuant to TEX. LOC. GOV'T CODE ANN. §381.004 to administer the County's program for local economic development in the Park; and WHEREAS, the City wishes to contract with BBCEDF as its agent pursuant to TEX. LOC. GOV'T CODE ANN. §380.001 to administer the City's program for local economic development in the Park; and WHEREAS, the BBCEDF has contracted with various vendors to provide services related to the development, marketing, and sale of the land in the Park, and has incurred other operational expenses set forth in its annual budget; and WHEREAS, the City and the County have determined that it is in the best interests of their citizens that the BBCEDF be supported in the development of Park because the economic Vol. __/8 �19._.Z GG impact of new jobs, increased property value, and additional utility revenue will benefit the local economy; and NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties agree as follows: A. Annual Budget 1. BBCEDF adopts an annual budget showing reasonably anticipated revenue and expenses for each year. The annual budget is subdivided into an operational component and a real property purchase component. 2. Once a budget has been approved by the BBCEDF Board of directors it will be submitted to the Brazos County Commissioner's Court and the Bryan City Council for review and approval. The City and County agree to make an annual lump sum payment sufficient to cover respective portions of the annual budget within thirty (30) days following approval of the budget by both governing bodies. Each governmental entity's obligation to make a payment is conditional upon the approval of the budget by the governing body of each governmental entity. B. Operational Costs 3. The BBCEDF budget will include the operational costs associated with the maintenance, development, and marketing of the Park. The operational budget may be offset by any grants, gifts, interest income, or other unencumbered revenue received by the BBCEDF, 4. The City will be required to pay up to fifty percent (50 %) of the operational costs of the BBCEDF, and the County will required to pay up to fifty percent (50 %) of those operational costs. C. Real Property Purchase Costs 5. The BBCEDF budget will include costs associated with the purchase of the real property that constitutes Phase I of the Park, also known as the Wheeler tract. Those costs are to be subdivided between the City and the County, as previously agreed, with the County paying a higher percentage of the annual cost in order to compensate for expenditures by the City for infrastructure improvements being made by the City. 6. The BBCEDF budget will include costs associated with the purchase of the real property that constitutes Phase 11 of the Park, also known as the Diebel tract. The BBCEDF has an option to purchase the Diebel tract, which requires annual option fee payments. D. Total Annual Contribution for Current Fiscal Year 7. The BBCEDF shall receive the following sums: Vol. --� Pg•_�7— a. The City shall contribute $115,977.40 to the BBCEDF this fiscal year. b. The County shall contribute $175,101.24 to the BBCEDF this fiscal year. E. Miscellaneous 8. Annual Approval, The obligations of the City and the County under this Agreement are subject to annual approval by the governing bodies of each entity. 9. Term. This Agreement shall continue in force for one (1) year from the Effective Date, or until the real property constituting the Park has been sold or transferred to another entity, the debts and obligations of the BBCEDF have been paid, and the BBCEDF dissolves pursuant to its governing documents and state law, whichever occurs first. 10. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective while this Agreement is in effect, such provision shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted provision, there shall be added as part of this Agreement a provision that is legal, valid and enforceable and that is as similar as possible in terms and substance as possible to the deleted provision. 11. Texas law to apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas and the obligations of the parties created hereunder are performable by the parties in the City of Bryan, Texas. Venue for any litigation arising under this Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas. 12. Sole Agreement. This Agreement constitutes the sole and only Agreement of the Parties hereto respecting the subject matter covered by this Agreement, and supersedes any prior understandings or written or oral agreements between the parties. 13. Amendments. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing and dated subsequent to the date hereof and duly executed by the parties hereto. 14. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any and all other legal remedies. Said rights and remedies are provided in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 15. Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 16. Interpretation. The parties acknowledge that each has had the assistance of counsel in the review of this agreement, no one party is to be deemed the author of the agreement, and ambiguities shall not be resolved against any party. The caption headings of this Agreement are for reference only and shall not affect its interpretation. This Agreement is entered into Vol. — Z' p9, .� �� for the exclusive benefit of the parties hereto and not for any other third parties. Nothing in this Agreement, expressed or implied, is intended to confer upon any person or entity not a party to this Agreement any rights or remedies under this Agreement. 17. Duplicate Originals. The parties may execute this Agreement in duplicate originals, each of equal dignity. If the parties sign this Agreement on different dates, the later date shall be the effective date of this Agreement for all purposes. Executed this _day of CITY OF BRYAN Jason P. Bienski, Mayor APPROVED AS TO FORM Janis K. Hampton, City Attorney 2013. ATTEST Mary Lynne Stratta, City Secretary B S APPROVED AS TO FORM Duane Peters, County Judge Bill Ballard, Asst, County Attorney BRYAN BRAZOS COUNTY ECONOMIC DEVELOPMENT FOUNDATION, INC. Jason P. Bienski, President Vol. Pg.�p STATE OF TEXAS § COUNTY OFBRAZOS § INTERLOCAL AGREEMENT BETWEEN CITY OF BRYAN, TEXAS BRAZOS COUNTY, TEXAS; AND CITY OF BRYAN AND BR_ AZOS COUNTY ECONOMIC DEVELOPMENT FOUNDATION, INC. THIS INTERLOCAL AGREEMENT is entered into by and between the City of Bryan ( "City "), a Texas home -rule municipal corporation, Brazos County ("County"), a political subdivision of the State of Texas, and the City of Bryan and Brazos County Economic Development Foundation, Inc. ( "BBCEDF "), a Texas Transportation Code local government corporation ('`Agreement"), and is effective for all purposes as of October 1, 2012 ("Effective Date "). WHEREAS, the respective participating governments (the "Parties ") are authorized by the Interlocal Cooperation Act, LOC. GOVT CODE ANN. §791, to enter into an agreement for to administer 'a program for local economic development; and WHEREAS, in 2009, the City coordinated with the County with regards to the creation of the BBCEDF for the purpose of promoting the development of an industrial park in an unincorporated area of Brazos County, just outside the city limits; and WHEREAS, the City and the County have shared equally in the responsibilities associated with the formation, operation, and funding of the BBCEDF; and WHEREAS, the BBCEDF entered into several contracts for the purchase of real estate that will be developed, marketed, and governed as the Texas Triangle Industrial Park and inland Port (`'Park "); and WHEREAS, the County wishes to contract with BBCEDF as its agent pursuant to TEX. LOC. GOVT CODE ANN. §381.004 to administer the County's program for local economic development in the Park; and WHEREAS, the City wishes to contract with BBCEDF as its agent pursuant to TEX. LOC. GOVT CODE ANN. §380.001 to administer the City's program for local economic development in the Park; and WHEREAS, the BBCEDF has contracted with various vendors to provide services related to the development, marketing, and sale of the land in the Park, and has incurred other operational expenses set forth in its annual budget; and WHEREAS, the City and the County have determined that it is in the best interests of their citizens that the BBCEDF be supported in the development of Park because the economic Vol. / f 9 pg. v?-/,o impact of new jobs, increased property value, and additional utility revenue will benefit the local economy; and NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties agree as follows: A. Annual Budget 1. BBCEDF adopts an annual budget showing reasonably anticipated revenue and expenses for each year. The annual budget is subdivided into an operational component and a real property purchase component. 2. Once a budget has been approved by the BBCEDF Board of directors it will be submitted to the Brazos County Commissioner's Court and the Bryan City Council for review and approval. The City and County agree to make an annual lump sum payment sufficient to cover respective portions of the annual budget within thirty (30) days following approval of the budget by both governing bodies. Each governmental entity's obligation to make a payment is conditional upon the approval of the budget by the governing body of each governmental entity. B. Operational Costs 3. The BBCEDF budget will include the operational costs associated with the maintenance, development, and marketing of the Park. The operational budget may be offset by any grants, gifts, interest income, or other unencumbered revenue received by the BBCEDF. 4. The City will be required to pay up to fifty percent (50 %) of the operational costs of the BBCEDF, and the County will required to pay up to fifty percent (50%) of those operational costs. C. Real Property Purchase Costs 5. The BBCEDF budget will include costs associated with the purchase of the real property that constitutes Phase I of the Park, also known as the Wheeler tract. Those costs are to be subdivided between the City and the County, as previously agreed, with the County paying a higher percentage of the annual cost in order to compensate for expenditures by the City for infrastructure improvements being made by the City. 6. The BBCEDF budget will include costs associated with the purchase of the real property that constitutes Phase II of the Park, also known as the Diebel tract. The BBCEDF has an option to purchase the Diebel tract, which requires annual option fee payments. D. Total Annual Contribution for Current Fiscal Year 7. The BBCEDF shall receive the following sums: a. The City shall contribute $152,579.90 to the BBCEDF this fiscal year. b. The County shall contribute $178,428.74 to the BBCEDF this fiscal year. E. Miscellaneous 8. Annual Approval. The obligations of the City and the County under this Agreement are subject to annual approval by the governing bodies of each entity. 9. Term. This Agreement shall continue in force for one (1) year from the Effective Date, or until the real property constituting the Park has been sold or transferred to another entity, the debts and obligations of the BBCEDF have been paid, and the BBCEDF dissolves pursuant to its governing documents and state law, whichever occurs first. 10. Sevverability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective while this Agreement is in effect, such provision shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted provision, there shall be added as part of this Agreement a provision that is legal, valid and enforceable and that is as similar as possible in terms and substance as possible to the deleted provision. 11. Texas law to apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas and the obligations of the parties created hereunder are performable by the parties in the City of Bryan, Texas. Venue for any litigation arising under this Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas. 12. Sole Agreement. This Agreement constitutes the sole and only Agreement of the Parties hereto respecting the subject matter covered by this Agreement, and supersedes any prior understandings or written or oral agreements between the parties. 13. Amendments. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing and dated subsequent to the date hereof and duly executed by the parties hereto. 14. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any and all other legal remedies. Said rights and remedies are provided in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 15. Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 16. Interpretation. The parties acknowledge that each has had the assistance of counsel in the review of this agreement, no one party is to be deemed the author of the agreement, and ambiguities shall not be resolved against any party. The caption headings of this Agreement are for reference only and shall not affect its interpretation. This Agreement is entered into Vol. pg. ��.Z for the exclusive benefit of the parties hereto and not for any other third parties. Nothing in this Agreement, expressed or implied, is intended to confer upon any person or entity not a party to this Agreement any rights or remedies under this Agreement. 17. Duplicate Originals als. The parties may execute this Agreement in duplicate originals, each of equal dignity. If the parties sign this Agreement on different dates, the later date shall be the effective date of this Agreement for all purposes. Executed this _ day of CITY OF BRYAN Jason P. Bienski, Mayor APPROVED AS TO FORM Janis K. Hampton, City Attorney Duane Peters, County 2013. ATTEST Mary Lynne Stratta, City Secretary APPROVED AS TO FORM County Attorney BRYAN BRAZOS COUNTY ECONOMIC DEVELOPMENT FOUNDATION, INC. Jason P. Bienski, President Vol. % F'?, pg. 0247 I FIRST RENEWALTO LEASE AGREEMENT MILLICAN FIRE STATION This First Renewal to Lease Agreement ( "First Renewal') Is made and executed by and between BRAZOS COUNTY EMERGENCY SERVICES DISTRICT #1, P.O. Box 244, Wellborn, Texas 77881, as "Lessor", and BRAZOS COUNTY, TEXAS, 200 S. Texas Ave., Suite 332, Bryan, Texas, 77803, as "Lessee ". RECITALS WHEREAS, the Lessor and Lessee entered into the original Lease ( "Lease ") on October 16, 2012; and WHEREAS, the Lease provides for one (1) additional renewal term of one (1) year, effective on October 1 of the year of renewal; and WHEREAS, the Lease further provides a fixed monthly rental for the initial term of the Lease and the subsequent renewal term in the amount of $100.00, payable in monthly Installments on the first day of each month for the term of the Lease, and any subsequent renewal terms; and WHEREAS, the Lessor and Lessee have agreed to renew the Lease for one (1) additional year beginning October 1, 2013 and terminating on September 30, 2014; NOW, THEREFORE, for the consideration stated herein, the Lessor and Lessee agree to the following amendments to the Lease. AGREEMENT 1. Renewal Term. This first renewal term ( "First Renewal Term ") shall be effective October 1, 2013 and will terminate September 30, 2014. Additional subsequent renewal terms will be subject to the terms and conditions of the Lease and this First Renewal. If there are any conflicts between this First Renewal and the Lease, the terms of this First Renewal will control. This First Renewal Term shall be conditioned on the same terms set forth in the Lease, save and except those terms that are amended herein. 2. Rent. The fixed monthly rental for the First Renewal Term of the Lease is $100.00 per month, payable on the first day of each month for the First Renewal Term of the Lease. 3. No Amendments. Except as expressly modified herein, the Lease is not amended. 4. Signatures. This First Renewal and all other copies of this First Renewal, insofar as they relate to the rights, duties, and remedies of the parties, shall be deemed to be one agreement. This First Renewal may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties expressly agree that a copy of this First Renewal transmitted by facsimile or email that contains the signature of one of the parties, shall for all purposes be treated as an original and shall be binding against the parties hereto. 5. This Renewal shall be effective for all purposes as of the date set forth below. Vol. pg.02 /5� 6. Miscellaneous Provisions. a. Notices. Any notice required by or permitted under the Lease or this First Renewal must be in writing. Any notice required by this First Renewal or Lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in the Lease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. Copies of each notice must be given by one of these methods to the attorney of the party to whom notice is given. b. Entire Agreement. The Lease and this First Renewal, constitute the entire agreement of the Lessor and Lessee. There are no oral representations, warranties, agreements, or promises pertaining to the Lease or First Renewal by Lessor or Lessee. c. Severability. The provisions of this First Renewal are severable. If a court of competent jurisdiction finds that any provision of this First Renewal is unenforceable, the remaining provisions will remain in effect without the unenforceable parts. Dated this of I V OV ICIb 203. Attest: Lessor: BRAZOS COUNTY EMERGENCY DISTRICTtfl�,J% By: 1 rn c �u%>� By:C Name: i u!,,yR� �yricc� Title: Lessee: ,TEXAS By: Name: Title: Vol. � Pg. .zeT- N I Document Revision Authorization By signing below, you agree to allow the SHI Microsoft Contracts audit team to make necessary changes and minor revisions to your Microsoft Enrollment including, but not limited to: • Correcting typographical errors • Adding /changing enrollment numbers • Adding/changing amendment numbers Additionally, you acknowledge and consent that: • You will be notified of any change the SHI Microsoft Contracts team makes while submitting your Enrollment to Microsoft. • No alteration by the SHI Microsoft Contracts team will alter your terms and /or pricing for your Enrollment. Customer Name BRAZOS COUNTY Cust mer 71778 Customer Printed Name and Title DUANE PETERS, COUNTY JUDGE Date Nov2n�bex' S, 2013 Vol. pg. GIVL 19 ®® Microsoft Program Signature Form MBAlMBSA number Agreement number 01E73535 Volume Licensing Proposal ID Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Contract Document r• <CooseA reeen DocuiahtNumbdP6eCodeaca rm <oose A eeet> Document Number o5 <Choose A reement> ;,i'Document "Numberor"Gode ' , "• *. <Choose A reement> e,,.::E a sw - DocumentNuintieGo�'Co`de <Choose A reement ?ir rtx ; a* A.:: vZ.; = : 4Document Nurntier;ortCode �� iW Enter rise EnrollmenIIX. rr Ft <ChooseEnrollment/R' istration >;' "' ';�' '" Document`NumberCorCode c ', ?t" <Choose EnrollmentlRe istration> - DoeurnentNuinbee, &,TCode Y ' iP <Choose Enrollment/Re istration> °'1 Obffirment Nuitibe ;oi,Codeaf '- <Choose Enrollment/Re istration> IA kDocu 6ht- NumtieGOr Code' Product Selection Form " 20= 03622: Aft Document Description DodUrrient Number;dr Code Document Descri tion,`%.. Document Number or Code DocumentAescri tion DocumeritNumbWCcTrCode': " Document0d cri tion, DocumehtNumb&6vrCode Byslgning below, Customerand'the Microsoft Affiliate agree that both partles,(1') have received,'. read and understand *the above contract documents, including any webstes or documents incorporated'by reference and any amendments and (2) agree to be bound by the terms of all such documents. Name of ErtHNty (muk be leb@I entity Signature* N J —�_r Printed First and Last Name" DUANE PETERS Printed Title' COUNTY JUDGE Signature Date* 11 Tax ID Id COUNTY ProgramSlgnFom( MSSign) (NA,LatAm)EXBRAMLI(ENG)(Od2012) Page t of 3 Vol. �8% pg• v� /% Microsoft Licensing, GP Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Af Hate countersigns) Effective Date (may be different than Microsoft's signature (late) Optional 2nd Customer signature or Outsourcer signature (if applicable) Name of Entity (must be legal entity name)* Signature' Printed First and Last Name• Printed Title' 51 Signature Date* Lr �— 1*1 indicates requited field 15F7 Name of Entity (must be legal entity name)` Signature' Printed First and Last Name' PrintedJitle' Signature Date• If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form. After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Licensing, GP Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada 89511 -1137 USA Prog ramSign Form(MSSign) (NA, LatAm)ExBRA, MLI (EN G) (Oct2012) IVol. F% pg. AV4 Page 2 of 3 j If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form. After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Licensing, GP Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada 89511 -1137 USA Prog ramSign Form(MSSign) (NA, LatAm)ExBRA, MLI (EN G) (Oct2012) IVol. F% pg. AV4 Page 2 of 3 Prepared By: Name of Preparer Email of Preparer k. ProgramS4nForm(MSSign)(NA,LatAM)EXBRA,MLI(ENG)(Oc2012) Page 3 of 3 o^413P Vol. pg. N MM Microsoft Volume Licensing Enterprise and Enterprise Subscription Enrollment Product Selection Form — State and Local Enrollment mnewar Mip 0ftfOCOmplet91brinitleltellrl Jt Reseller ro complete Ipr renewal Step 1. Please Indicate whether Enrolled Affiliate is ordering Enterprise Products or Enterprise Online Services on the initial enrollment order. Choose both if applicable. ® Enterprise Products. Choose platform option: Components only (not full platform) Qualified Devices: 674 Qualified Users: 674 ❑ Enterprise Online Services' Step 2. Select the Products and Quantities Enrolled Affiliate is ordering on Its Initial Enrollment Order. Quantity may not include any Licenses which Enrolled `Affiliate has selected for optional future use, or to which it is transitioning or stepping up within enrollment term. Products for which the Enrolled Affiliate has an option to transition or step -up should be listed In Step 3. . k - EA- EASProdSelForm (US)SLG(ENG)(Oct2012) Page 1 of 2 Vol. � 8 � pg.-,?u 6) ocument X20 -03022 Quantity Offce Pro',Plus ae a. „” ;i L, !:NK ` Office Pro Plus for O(fic9:365.r r`'* 1 ltlx IMPAr :0ft8ce:365;P.lans« �" `' +� x�hl d`Wti''�u "�Ini'gai � I _ swzl�i Ilrl'�:._r;a. Office 365 Plan Et '? Office 365 Plan E2 Office 365 Plan E3 Office 365 Plan E4 ClientAccess Licedse" CAL .ICI -' „1O ion ',5'.ii 'Ir �r y frl • w.81� Core CAL, including Bridge CAL's if a livable ` Core CAL 674 Core CAL Bridge for Office 365 Core CAL Bridge far Windows Intune ` Core CAL Bridge for Office 365 and Windows Intune Enter rise CAL ECAL ECAL ECAL Bridge for Office 365 ECAL Bridge for Windows Intune ECAL Bridge for Office 365 and Windows Intune The Client Access License selection must be the same across the Enterprise. Specify whether licensing CAL oer Device or User: User Windows;Deskto r.l!. _Yhzw€ a •, Windows OS Upgrade Windows VDA Windows.lntune Windows Intune Add-on sQther'Ente� nse'P,ioducts � :� ++ f .W- 1M I��” ko Microsoft Desktop Optimization Pack MDOP EA- EASProdSelForm (US)SLG(ENG)(Oct2012) Page 1 of 2 Vol. � 8 � pg.-,?u 6) ocument X20 -03022 If selecting Windows Desktop or Windows Intune option, Enrolled Affiliate acknowledges the following: a. The Windows Desktop Operating System Upgrade licenses offered through this Enrollment are not full licenses. The Enrolled Affiliate and any included Affiliates have qualifying operating system licenses for all devices on which the Windows Desktop Operating System Upgrade or Windows Intune licenses are run. b. In order to use a third party to reimage the Windows Operating System Upgrade, Enrolled Affiliate must certify that Enrolled Affiliate has acquired qualifying operating system licenses. See the Product List for details. Step 3. Indicate new Enterprise Products and Online Services Enrolled Affiliate has selected for optional future use where not selected on the initial enrollment order (above): • Office Pro Plus for Office 365 o. Office 365 Plan E1 Office 365 Plan E2 Office 365 Plan E3 a.. Office 365 Plan E4 Enter rise CAL (ECAL) Step-up, including Bridge CALs r ' Windows lntune Windows Intune Add -on` R F '!::4r 'ed .. i + =.; + .XTh t. Rig f 6 i Iq"�rl2 tKyini YLIWXCt1�l(µJ +du�°�F.. _ u. vl '�h -f]S f•:..: , EA- EASProdSe lFerm(US)SLG(ENG)(Oc12D12) Page 2 of 2 Vol. 181 pg,__�/ ocumencx20 -03622 ®® Microsoft Enterprise Enrollment Volume Licensing Enterprise Enrollment number Proposal ID /Framework ID (WCrosoR to complerq Previous Enrollment number Earliest wpidng previous (Reseller ro comprere) Enrollment end date' State and Local a Signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrollment Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms s of the Enterprise Agreement identified on the signature form, (3) the Product Selection form (4);any supklerrtgnatal contact information form or Previous Agreement/Enrollment form that may be regwredr (5) anyprdesubmitted under this Enrollment. This Enrollment may only be entered Into under, a 2O" or IatenE ta t -rise Agreement. l. All terms used but not defined located at ht //www.rll crasci cb I n tr "in the event of any conflict the terms o }f_�ptyl�a ff ,con E'1^+1 �I Effective date. If Enrolr lGate is renewing Software Assurancce'oPu >rcf�ptditt tfyom one or more previors''Enrollments or igreeemS'rlts ,then the effective d e �ie day afta ii. 4 firs! prior Enrollment or"agreement expires or ilirninates'' -0therwlse %th sit e N1g be tie date this Enrollment is accepted by Microsoft. If renewing Software Assurance ra R�selleaw� need to insert the previous enrollment or agreement number and and detain the respective f> ices above.' ,. Term. This Enrollment will expire on the last day of ttg month, 36 full calendar months from the effective date unless olherwise.fenewed. Any reference in this Enrollment to "day" will be a calendar day. Product order. The'Reseller will provide Enrolled Affiliate with Enrolled Affiliate's Product pricing and brdet')dp`r'iCebne'rid'billing terms for all Products ordered will be determined by agreement between Enrolled A_iKite ar) `'lhe Resellec7he Reseller will provide Microsoft , with the order separately from this EL�ir cent. 4 Prior Enrollment(e). If renewing Software Assurance or Subscription Licenses from another Enrollment or agreement, the previous Enrollment or agreement number and end date must be identified in the respective boxes above. If renewing from multiple Enrollments or agreements, or transferring Software Assurance or MSDN details, the Previous AgreemenUEnrollment forth must be used. Terms and Conditions Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment: "Additional Product" means any Product identified as such in the Product List and chosen by Enrolled Affiliate under this Enrollment. EA2012EnrWUS)SLG(ENG)(Oc12012) Page 1 of 10 Vol, 101f Pg.� Document X20 -3621 'Enterprise Online Service' means any Online Service designated as an Enterprise Online Service in the Product List and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product' means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product List and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products may only be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this program. "Expiration Date' means the date upon which the Enrollment expires. 'Industry Device" (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a mufti- function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task - specific software program (e.g. a computer -aided design program used by an architect or a point of sale program) ('Industry Program "). The device may include features and functions derived from Microsoft software or third -party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only wherlS;Used with the Industry Program functionality. Y ,, Qualified Device" means any device that is used by or for the benefit of En *ffiliate's Enterprise and is: (1) a personal desktop computer, portable computersmorkstaiioflUo� iritt +tleyrc� 6@p able of running Windows Professional locally (n a physical or wrtuafroperatmg'-.j am, r meet) 61R (2) a device used to access a virtual dell to grastructure (VDI J* Qualified Revre6: of II�QtudoBrny device that �V J is: (1) designated as a erv9n andyhgt used as a personal computer�uQR (2)ttd �irOR (3) not managed (as de 1 l re•P uct LisFat the start off appl tat or terth= f the r i til.. Enrollment) ae part of "Enrolled Affiliate Ent%pnse, Aflts ophon$ the ffhete trlay srgnait any device exi:C(ljed above le g., .Industry Device] as a QUIllfred Device, f&r -_l :dr a subset: bf Enterprise Products or Online Services the EnrolleS °Affihate'has 'Qualified User" means a person (e.g., employee cconsultard '- oontingent;3iaff) wtioi (1) is a user of a Qualified Device, or (2) accesses any server software: eq ifin "an-- Ente'rp�ise Product Client Access License or any Enterprise Online Service. It does notnclude aperson who accesses server software or an Online Service sorely under a License identified in the Qualified User exemptions in the Product List. `Reserved,License' means for an Online Service identified as eligible for true -ups in the Product List, the Lfoei be a ervo by Enrolled Affiliate prior to use and for which Microsoft will. make the Online Service available for activation ' Transrhon' means,the conversion of one cr,more License to or from another License(s) Product* eligible for Transition and permitted Transitions are identified in the Product List. 'Transition Period" means the time between the Transition and the next Enrollment anniversary date for which the Transition is reported, 2. Purpose. This Enrollment enables Enrolled Affiliate's Enterprise to obtain, or subscribe to, Licenses for Enterprise Products, Enterprise Online Services, and Additional Products. Enrolled Affiliate may choose between on- premise software and Online Services as well as the ability to transition Licenses to Online Services while maintaining Enterprise -wide coverage. Additionally, Enterprise Online Services may be purchased without Enterprise -wide coverage. 3. Product Use Rights, Qualifying Systems Licenses and Transitions. In addition to applicable terms of the Enterprise Agreement. the following terms apply to this Enrollment: EA2 :i12EnrGcviUS)SLG(ENG)(Oct2012) Doaxag2 of 10 nBM e a. Product Use Rights. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable Initial or renewal term of the Enrollment, those more restrictive use rights will not apply to the Enrolled Affiliate's use of that Product during the term. b. Qualifying systems Licenses. The operating system Licenses granted under this program is upgrade Licenses only. Full operating system Licenses are not available under this program. if Enrolled Affiliate selects any Desktop Platform, Windows Desktop Operating System Upgrade, or Windows Intune, all Qualified Devices on which Enrolled Affiliate expects to run the Windows Desktop Operating System Upgrade must be licensed to run, and have installed on them, one of the qualifying operating systems identified in the Product List. Note that the list of operating systems that qualify for the Windows Desktop Operating System Upgrade varies with the circumstances of the order. That list is more extensive at the time of the initial order than it is for some subsequent orders and system refreshes during the term of this Enrollment. Exclusions are subject to change when new versions of Windows are released. For example: The following are not considered qualifying operating systems: (1) ANY Windows Home or Starter edition; (2) Embedded Systems; and (3) Linux. These are examples of exclusions only and may change. Please,see Product List for all current qualifying operating systems. c. Transitions. The following requirements apply to Trenliiti' (I) Licenses with active Software Assurance or Substilptlor uses rtlay pe Transitioned at any time if p9rmitted in the Produof List Whiie_Enrol� atq mayyTransition any time, it will ng ,D able to reduce Licenses or ass o$ tad Sit �aaur r e� Prior to the end o he�f[,��[1sdl�rneenod. q i' �}Ie�'tij14.,1':� SCI! 4i.:! 5l II 3'M]•ri4 t� "fqn LLMYY' s.. (ii) Enro�Afff'iapfe,fnust. order the set t L1ce 'atwhich iEti, hicnl yytHe�syBar(s) (111) If a Transition is made "reek t0ihlcense'tba6 ;� So�wahee Assurance as of the date of Transition then SoftvuarerAssura to wTI nep—% abe r. ordered for aU such Licenses on a prospective basis flii)g th'eeTransio�t perod. Software Assurance coverage may not exceed the quantity`oftrperpetualkicenses for which Software PP y ji error Transition :;Software Assurance may not Assurance was current at the time of an be a Iced to ,Licenses transferred b Enrolled Affiliate era . raj r(Iv)`.If "a device -based License is Transtioned to a user -based License" all users of the device must be licensed as part of the Transition. y (v) If a,user•based License is Transitioned to a device -based License, all devices accessed by the user must be licensed as part of the Transition. d. Effect of Transition on Licenses. Transition will not affect Enrolled Affiliate's rights in perpetual Licenses paid in full. (i) New version rights will be granted for perpetual Licenses covered by Software Assurance up to the end of the Transition Period. (II) For L &SA not paid in full at the end of the Transition Period, Enrolled Affiliate will have perpetual Licenses for a proportional amount equal to the total of installments paid versus total amounts due (paid and payable) for the Transitioned Product. (III) For L &SA not paid in full or granted a perpetual License In accordance with the above or Subscription Licenses, all rights to Transitioned Licenses cease at the end of the Transition Period. EA2012EnrGov (US)SLG(ENG)(Oct2012) Page 3 of 10 Vol. Pg. a�� Documerg X20 -03621 4. Pricing. a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all Products ordered under this Enrollment will be Level V throughout the term of the Enrollment. Price Level's will be captured in the Product Selection Form. b. Setting Prices. Enrolled Affiliate's prices for each Product will be established by its Reseller. Microsoft's prices for Reseilers are fixed throughout the Enrollment term based upon current prices at the time of the initial order far the Product. This includes the following: (i) Any future pricing (if applicable); and (ti) Prices for Transitions, including any prices related to the use of a Product during the Transition Period (if applicable). 5. Order requirements. a. Minimum Order Requirements. Enrolled Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. (1) Initial Order. Initial order must include at least 250 Licenses from one of the four groups outlined in the Product Selection Form. a` (11) If choosing Enterprise Products. If choosing Enterpnse'Products, in a specific group outlined in the Product Selection Form, Enrolled. ffihates' itial ordersmust include an Enterprise -wide selection of one or more Enterprise POr a htix pf Enterprise Products andti 1 �esponding Enterprise Onlne Service fo that gro xr (UI) Addiilio�"1a rb�l is Upon Satisfying the minimum: tier *birem abov�nrolled Affilu rri'p rnrder Adddmnal Products. - s - efi s� ?W1.. *(v"j'Counfry of Usage E�%rollePff'fitate must specify the`t e ris,w�hy re Lkenses''will be used ortts.initlal order and oiYa6t adddior)al orrde �u b. Adding Products.( r =' V (1) Adding new Products not previously ordered Enrolled Affiliate may add new Enterprise Products by entering into 'a new EnroMmenVolitas part of a renewal. New Enterprise Online Services may be added by' contacting a Reseller. New Additional Products, other than Online Services, may be used if an order-is placed in the month the '-Product is first used. For Additional Products that aye Online Services, an initial order for a '+ -the Online Service is required prior to use. (!I) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products must be included in the next true -up order. Enrolled Affiliate must order Licenses for Online Services prior to use, unless the Online Services are (1) identified as eligible for true -up in the Product List or (2) included as part of other Licenses (e.g., Enterprise CAL). c. True -up orders. Enrolled Affiliate must submit an annual true -up order that accounts for changes since the initial order or last true -up order, including: (1) any increase in Licenses, including any increase in Qualified Devices or Qualified Users and Reserved Licenses; (2) Transitions (if permitted); or (3) Subscription License quantity reductions (if permitted). Microsoft, at its discretion and as permitted by applicable low, may validate the customer true -up data submitted through a formal product deployment assessment, using an approved Microsoft partner. The true -up order must be received by Microsoft between 60 and 30 days prior to the Enrollment anniversary date. The third -year anniversary true -up order is due within 30 days prior to the Expiration Date. Enrolled Affiliate may true -up more often than at each Enrollment anniversary date except for Subscription License reductions. EA2012EnrGOV (US)SLG(ENG)(OCt2012) Page d of 10 Vol. /8 pg. /Z�r, Document X20-03621 (I) Enterprise Products. Enrolled Affilate must determine the current number of Qualified Devices and Qualified Users (if ordering user -based Licenses) and order the License difference (If any), including any Enterprise Online Services. (II) Additional Products. For Products which have been previously ordered, Enrolled Affiliate must determine the Additional Products used and order the License difference (if any). (III) Online Services. For Online Services identified as eligible for true -up orders in the Product List, Enrolled Affiliate must first reserve the additional Licenses prior to use. Microsoft will provide a report of Reserved Licenses in excess of existing orders to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retroactively for the prior year based upon the month in which they were reserved. (iv). Late true -up order. If the true -up order is not received when due: 1) Microsoft will invoice Reseller for all Reserved Licenses not previously ordered. 2) Transitions and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). (v) Transitions. Enrolled Affiliate must report all Transitions. Transitions may result in an increase in Licenses to be included on the true -up order and a reduction of Licenses for prior orders. Reductions in Licenses will be effearve ittind of the Transition Period. Associated invoices will also reflect this change Far L "¢eld upfront, Microsoft will issue a credit for the remaining months.of Software`Aa ran ubscription Licenses that were reduced as part of the Trar)slt(on. , , *ie;;;.,, r # ` •,, (vi) reduced A• that group meets or Selection Form. of be 2) For Enterprise Online Servces iiCt a Dart'&Niii •Enterprise -wide commitment, Licenses can be reduced as long as;the initial ordei minimum requirements are , maintained. gjGtke"7) For Additional Products available as Subscription Licenses : Enrolled Affiliate may *,cg reduce the Licenses. - If the License count is reduced to zero, then Enrolled Affiliate's r _ .-,use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true -up order Enrollment anniversary date and effective as of such date. (vii)Update statement. An update statement must be submitted instead of a true -up order d, as of the initial order or last true -up order, Enrolled Affiliate's Enterprise has not: (1) changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative. The update statement must be received by Microsoft between 60 and 30 days prior to the Enrollment anniversary date. The last update statement is due at least 30 days prior to the Expiration Date. d. Step -up Licenses. For Licenses eligible for a step -up under this Enrollment, Enrolled Affiliate may step -up to a higher edition or suite as follows: (i) For step -up Licenses included on an initial order, Enrolled Affiliate may order according to the true -up process. EAM 2Err0ov(US)SLO(ENO)(0ct2012) Page 5 or 10 Vol. /9 pg. V�w Document X2043821 (ii) If step -up Licenses are not included on an initial order, Enrolled Affiliate may step -up initially by following the process described in the Section titled "Adding new Products not previously ordered," then for additional step -up Licenses, by following the true -up order process. (111) If Enrolled Affiliate has previously ordered an Online Service as an Additional Product and wants to step -up to an Enterprise Online Service eligible for a Transition, the step -up may be reported as a Transition. (iv) If Enrolled Affiliate Transitions a License, it may be able to further step -up the Transitioned License. If Enrolled Affiliate chooses to step -up and the step -up License is separately eligible to be Transitioned, such step -up Licenses may result in a License reduction at the Enrollment anniversary date following the step -up. 6. Payment terms. For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment term. If spread payments are elected, unless indicated otherwise, Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and on each Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order. and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other.Ltcenses 4k,u,nm 7. End of Enrollmeq term and termrnatron t M a. General. Aticthes Exxpiratiion Date Enrol ed Affiliate mum I tmm , gate y ardQj at d pay for Licenses for 3P"Oucts tt has �uspd butfhias not previqu8l d n� ider exi»ept as othenvis6ovtded,(n,thts Enroll enL § ' � b. lRetewal Option • Alf'the ExpiratjonsDaIs Enrolled A Ile a -car. new Produdts by renewing the Enrollment for one addition a(8 jufi calendar ±M ahsigrungs new Enrollment. Microsoft must receive a Product Se ec on Porn r eW,al order=prior to or at the Expiration Date. The renewal term 1i 'Rif, t (te 'day following the Expiration Date. Microsoft will not unreasonably rej ect any.';renewal Microsoft;may make a change to this program'that will make it necessary for Customet . its Enrolled Affiliates to enter into new Agreen'te4s'and Enrollments. I,,%!1I ' jf�nrolled Affiliate elects not to renew. �', (I) Software Assurance. If,Enrolied Affiliate elects not to renew Software Assurance forany Product under its Enrollment, then Enrolled Affiliate will not be' permitted to order Software Assurance later without first acquiring USA. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product List, the following options are available at the and of the Enrollment initial or renewal term. 1) Extended Tenn. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month -to -month ( "Extended Term ") is available. During the Extended Term, Online Services will be invoiced monthly at the then - current published price for Enrolled Affiliate's price level as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate does want an Extended Term, Government Partner must submit a request to Microsoft. Microsoft must receive the request not less than 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. If Enrolled Affiliate has opted for the Extended Term and later determines not to continue with the Extended Term, Government Partner must submit a notice of cancellation for each Online Service. Cancellation EA2012EnrGov (US)SLG(ENG)(Oct2012) Page 6 of 10 Vol. pg tea, Document X20,-03821 will be effective at the end of the month following 30 days after Microsoft has received the notice. (iii) Online Services not eligible for an Extended Term. If Online Services are not identified as eligible for an Extended Term in the Product List, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written certification to verify compliance. (iv) Customer Data. Upon expiration or termination of a License for Online Services, Enrolled Affiliate must tell Microsoft whether to: 1) disable its account and then delete its Customer Data ( "Data Deletion "); or 2) retain its Customer Data in a limited function account for at least 90 days after expiration or termination of the License for such Online Service (the 'Retention Period ") so that Enrolled Affiliate may extract its Customer Data. 3) If Enrolled Affiliate indicates Data Deletion, Enrolled Affiliate will not be able to extract its Customer Data. If Enrolled Affiliate indicates it wants a Retention Period, Enrolled Affiliate will be able to extract its Customer Data through Microsoft's standard processes and tools, and Enrolled Affiliate will reimburse Microsoft if there are any applicable costs to the extent allowed by applicable law�; ,,1 �If Enrolled Affiliate does not indicate either Data Deletion or a Retention P�,nodcrosoft will retain Enrolled Affiliates Customer Data in accordance wdh the RataBBi� �l1Aeod 4) Followingste expiration of the Retentwn'Pgnoi'M1cfrtoft will dt §able Enrolled Affliatel, nt and then delete its CustomerrDa 5) En[oledr l -list agrees that, other thanes tlescriE�edya)rov� ilao fias no Enrolled Affiliate agrees"Microgoft has no IiabLlity Wgtsbe9de foideletibn'of�Eiialled Affiliake's,wCUStomef2Datk ura�ilapt to these tee'" ' } ' ` a d. Termination for cause Any fermi ton for u ,th1s Enro(Ihlent,will�be subject to the „, m "s• ,y a "Termination for cause' Section of fhb a�reerneriEfi'�; e. Early termination. Any Early termination" *of this Enrollment-will be subject to the 'Early Terminatibn;, Section of the Enterprise Agreement. t � =37& Licenses, in the event of a breach y Microsoft Microsoft will Issue Reseller credit for any amount paid In advance that would'apply after the date of termination EA2012EnrGov (US)SLG(ENG)(Oc(2012) Q Page 7 of 10 Vol. / p9,� Document x20-03821 Enrollment Details 1. Enrolled Affiliate's Enterprise. Use this section to identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate's Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Enrolled Affiliate's organization includes . Check only one box in this section: ® Enrolled Affiliate ❑ Enrolled Affiliate and the following Affiliate(s): ❑ Enrolled Affiliate and all Affiliates, with following rr ^, Please indicate whether'the Enrolled Affili start of this Entollment: Exclude future Affil 'i after the 2. Contact information. ' Ilk, Each party will notify :4hb other in writing if any of the _information_ in the following contact information page(s)fcharrges: The asterisks O indicate required fields By providing caritact'infonnation, Enrolled Wfiihate consents to its use for purposes of administering this Enrollment by,Microsok its Affiliates, and bth6Pperties that help administer this Enrollment. The personal information provided'in connection4tith this Enrollment will, be used and protected in accordance with the privacy, statement available_ at htt6s:/Mww.microsoft.com/licensinci/servicecenter. a, Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. Name of entity (must be legal entity name)* Brazos County Contact name` First Eric Last Caldwell Contact email address" ealdwell@brazoscountytx.gov Street address' 205 East 27" Street City Bryan State /Province' TX Postal code* 77803 -3988 (For U.S, addresses, please provide the zip + 4, e.g. xxxxx -xxxx) Country* USA Phone• (979) 361 -4409 Tax ID EA2012EnrGov (US)SLG(ENG)(Oct2012) Page 8 of 10 Vol.... Pg. Document X20 -03621 indicates required fields b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized for applicable Online Services to add or reassign Licenses, step -up, and initiate Transitions prior to a true -up order. ❑ Same as primary contact Name of entity' BRAZOS COUNTY Contact name' First Desmond Last Harris Contact email address* Ucensing@brazoscountytx.gov Street address` 205 East 27" Street City` Bryan State/Province" TX Postal code' 77803 -3988 (For U.S. addresses, please provide the zip + 4, e.g. xxxxx -xwor) Country' USA Phone (979) 361 -4457 Language preference. Choose the language for notices .r,€nglis ❑ This contact is a third party (not the Enrolled AfFli3teZ W2 personally identifiable information of the Customer andil Half ' indicates required fields c. Microsoft Account Manager. MicrosoftAcWunt Microsoft accc)uM 'anager name M ph Microsoft .pccountmonager email address d. Opllneervices Manager Ttfys�c'ntact'is au rrgid`ered under the Enrollgnt :and�for applica Licenses , step up; acid initis_ a Transi gns.prio This contact receives is: ❑ Same as notices contact and On11h6A4ft!gjrafor ; 1 ! e Name of entity" ' i ¢ 'rte IN�" Contact.name': First Last Contact'email address* j` Street address• t{SelProvince` A 1r Postal bode' r' q Country` Phone• ❑ This contact is from a third party organization (not the entity). Warning: This contact receives personalty identifiable information of the entity. ' indicates required fields e. Reseller information. Reseller contact for this Enrollment is: Reseller company name' SHI International Corp Street address (PO boxes will not be accepted)' 290 Davidson Ave City" Somerset State/Province' NJ Postal code` 08873 Country` USA Contact name` Phone 888 764 8888 Contact email address' "indicates required fields EA2012EnrGov (US)SLG(ENG)(Oct2012) Page g of 10 ocument X20.03621 The undersigned confirms that the Information is correct. Name of Reseller SHI International Corp Signature* Printed name* Printed titie• Licensing Specialist Date" Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller Intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. f. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, -,ithe notices contact and Online Administrator remains the default. (1) Additional notices contact N. (ii) Software Assurance manager (lil) Subscriptions manager (iv) Customer Support Manager (CSM) contact .A 3. Financin s *_' + �. Is a purcha4e!"&r this Enrollment heir g finance through.MS EA2012EnrGov (US)SLG(ENG)(Oct2012) Page 10 of 10 Vol. / q pg. / ,Document X2003821 ® Microsoft Volume Licensing Enterprise Agreement State and Local Not for Use with Microsoft Business Agreement or Microsoft Business and SeMoss Agreement Contents 1. Definitions .............................................................................................................. ..............................1 2. How the Enterprise and Enterprise Subscription program works......................... _ ...................... 3 3. Licenses for Products .......................................................................................... ..............................3 4. How to know what Product Use Rights appl y .................................................... ..............................4 5. Making copies of Products and redmaging rights....... ....... I .... I ...................................................... 5 6. Transferring and reassigning Li censes .............................................................. ..............................5 7. Term and termination . ............................................................................................. _ ......................... 6 8. Restrictions on use ............................................................................................... ..............................8 9. Non - Microsoft Software or Technology .............................................................. ..............................8 10. Confidentiality ....................................................................................................... ..............................8 11. Warranties ............................................................................................................. .............................10 12. Defense of infringement misappropriation, and third party claims ............... .............................11 13. Limitation of liability .................................................................... .:.................... .............................12 14. Verifying compliance ................. :'.. ° .............. ............................... t,..,............ ............................... 13 16. t...,. Miscellaneous ........ _ ................... ............................... a m Fr ........................13 A nryV. This Microsoft Enterprise Agreement is entered into zbetweinlfili I tkiii le9 hfiedlbgi, the program signature form. * r Effective date The effec� Nf this agreement is a effective dat of the f st fro k�nent of �1e date Microsoft accepts tmg ag a n; whicileveiri earlierr. refe ice ih thl5 bgr� ementj1� NV6 ment to will be a calendaihday. a�n5 This agreement consists of (1) these agreartient terms land wnd�tionspa (the sgrraturexfatm and all attachments identified therein; (2) the Pir uci� is t (3?w the(P"� ucE ty��e .hts applicable to Products licensed under this agreement, (4) any Affiliate E(irollment enje(ed int tiri�GGthis agreement, and (5) any order submitted under this agreement:N Please note: Several documents referenced in this agreement but not attached to the signature form may be found at: htto : //www':microsoft.comAicensiho /contracts and are•incorporaµted by reference, including the PNQdwo)s�is ;Product Use Rights. These documents may contain additional;tenns.and conditions for Prodfr s lii:etlsed under this agreement and may be changed from time to Mime. Customer and/or its Affil)1tes- Oh6uld review such documents carefully, both at the time of signing and periodically, to ensure a fulPunderstanding of all terms and conditions applicable to Products licensed: Terms and Conditions Definitions. "Affiliate" means a. with regard to Customer, (1) any government agency, department, office, instrumentality, division, unit or other entity of the state or local government that is supervised by or is part of Customer, or which supervises Customer or of which Customer is a part, or which is under common supervision with Customer; (ii) any county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of EA2012Agr(US)SLG(ENG)(Oct2012) Page 1 of 15 Vol. pg, / p �J lZ Document X20.03196 y Customers state and located within Customer's state jurisdiction and geographic boundaries; end (iii) any other entity in Customers state expressly authorized by the laws of Customers state to purchase under state contracts; provided that a state and its Affiliates shall not, for purposes of this definition, be considered to be Affiliates of the federal government and its Affiliates; and b. with regard to Microsoft, any legal entity that Microsoft owns, that owns Microsoft, or that is under common ownership with Microsoft; "available" means Microsoft has made Licenses for that Product available on the Product List for ordering under a particular licensing program; "Customer" means the entity that has entered into this agreement and its Affiliates; "Customer Data" means all data, including all text, sound, software, or image files that are provided to Microsoft by, or on behalf of, Enrolled Affiliate through its use of the Online Services. "Enrolled Affiliate" means an entity, either Customer or any one of Customer's Affiliates, that has entered into an Enrollment under this agreement, "Enrollment" means the document that an Enrolled Affiliate submi.WJ1hder this agreement to place its initial order; Enterprise' means the Enrolled Affiliate and the Affiliates it ch"I W on Vp �prollment to include in its enterpriser r ,. "Fixes" means Product fixesdifications or enhancements or l(tei tlenvah�esShatiMle�rosoft either releases generally (such a packs) License" means Enr�le�5 r ght to "usehe quantity of a ProrJtt�ortler for 1 `fPidtiucts, a License may iesavetlable -on a,sufiscripbon�basle( Stitispri0c, Cicen Lrc nses for r�ln S 'vices will be cori5ldered Subscription Licenses- undiiidi agreement a d z 3 4t. "LBSA" means a License and Software Assura'hceO ��I Y P odt)ctr r r q 4 ri , u- "Microsoft" means the Microsoft Affiliate that has entered mto tfiis; agreement or an Enrollment and its Affiliates, as appropriate; Online Service" mean ;_,the Microsoft - hosted services idert4fis in the Online Services section of the Product List. "." s and'oth , �,ms "Product %ni ans all software,:, Online Service er web -based services; ihcluding.pre release or �feM Ndrsions identified on the Product List, .v "Product List" means the statement published by Microsoft from time to time on the World Wile Web at htto:/Jwww.microsoft.com/licensing/cantragts or at a successor site that Microsoft identifies, which identifies the Products that are or may be made available under a program (which availability may vary by region) and any Product - specific conditions or limitations on the acquisition of licenses for, or use of, those Products. "Product Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at htto• /iwww microsoft comllicensinglcontracts or at a successor site. "Reseller° means a large account Reseller authorized by Microsoft to resell Licenses under this program; "Service Level Agreement" means the document specifying the standards Microsoft agrees to adhere to and by which it measures the level of service for an Online Service. "Software Assurance" means an offering that provides new version rights and other benefits for Products as further described in the Product List. EA2012Agr(US)SLG(ENG)(0d2012) Page 2 of 15 Vol. I �i. pa. ,23,J Document X20 -03196 'Trade Secret' means information that is not generally known or readily ascertainable to the public, has economic value as a result, and has been subject to reasonable steps under the circumstances to maintain its secrecy; 'use" or 'run* means to copy, install, use, access, display, run or otherwise interact. 2. How the Enterprise and Enterprise Subscription program works. The Enterprise and Enterprise Subscription Program. The Enterprise and Enterprise Subscription programs establish a Customer's overall licensing framework and the applicable terms and conditions. Under the Enterprise program, Customer may license Products by entering into Enrollments.The Enterprise Subscription program offers Customer the same options as the Enterprise Program, but on a subscription basis, with an optional buy -out to obtain perpetual Licenses. a. Enrollments. The Enterprise program gives Customer and /or its Affiliates the ability to enter into one or more Enrollments to order Products. Subscription Enrollments may be available for some of these Enrollments. b. Licenses. The types of Licenses available are L &SA, Licenses obtained under Software Assurance and Subscription Licenses. These License types as well as additional License Types are defined in the Product List. c. How Enrolled Affiliates acquire Licenses. An Enrolled A l tq &ill acquire its Licenses through its chosen Reseller. Orders will be made out to an sub rtrttad to the Enrolled Affiliate's Reseller. Microsoft will invoice that Reseller' @ocordt t e terms +it.the applicable Enrollment.��i d. Choosing atd tr(antaining a Reseller. Each Enrolled A hate m Sc as mamtain a Reseller airt tx n the Enrolled Aff iliate's location �< , t (i)r Establishing. Price Levels. Ea' Product gener, -I ' i w�assigned to a'�P�rodiibt pool (e.g., applications, systems, oe servers) ,,Each Productpo�l be asst ned one of four price 1. levels (A, B, C, and D). Enrolled Aftiliafe s Ptfice'L'eve1,Mnll be Level D for all Enterprise Products, Enterprise Online Services'IOnline Servicestand Additional Products ordered undo .any Enrollment. (ii) Plaeing `Orders through Reseller. Orders under an Enrollment will be made to the Microsoft will invoice the Reseller according to-this terms in the applicable Enrollment. Throughout this agreement the term "price" refers to reference price..The Reseller and the Enrolled Affiliate will determine the Enrolled Affiate's actual price`and payment terms. f. Order Requirements. Order Requirements are outlined in each Enrollment, g. Management and Reporting. Customer and/or Enrolled Affiliate may manage account details (e.g., contacts, orders, Licenses, software downloads) on Microsoft's Volume Licensing Service Center ('VLSC ") web site (or successor site) at: httoS7/1*",Microsoft.com/licensina/servicecente . Upon the effective date of this agreement and any Enrollments, the contact(s) identified for this purpose will be provided access to this site and may authorize additional users and contacts. 3. Licenses for Products. a. General. Enrolled Affiliate will have the number of Licenses ordered for the latest version of a Product, and may use prior versions as permitted in the Product Use Rights, so long as Microsoft receives timely orders from Reseller for all required Licenses for such Products and complies with applicable license terms. The Licenses obtained under an Enrollment are not EA2012A9r(US)SLG(ENG)(0ct2012) Page 3 of 15 Vol. 8 Pg. ,ZJy Document x20.03195 related to any order or fulfillment of software media. The ability to use a Product ordered may be affected by minimum hardware or software requirements. b. Use by Affiliates. The Enrolled Affiliate may sublicense the right to use the Products to any Affiliates covered under its Enrollment, but Affiliate recipient of these Licenses may not sublicense these rights and their use must be consistent with the License terms contained in this agreement. c. When Licenses become perpetual. The right to run any Product licensed under an Enrollment is temporary unless and until it becomes perpetual as follows: (i) A License is temporary until Enrolled Affiliate's Reseller has paid for a License in full and the applicable initial Enrollment or renewal term during which the License was ordered must have expired or been terminated as permitted in this agreement. (II) Subscription Licenses are never perpetual. If a buy -out option is available, Enrolled Affiliate may obtain a perpetual License by exercising the buy -out option and paying for the License in full. (Ili) Enrolled Affiliate will have perpetual Licenses to use the Products ordered in the latest version available (or any prior version) as of the date of expiration, termination, or renewal. (iv) All perpetual Licenses acquired under this agi agreement and such terms survive expiratio Enrollment. d. Perpetual LicenseAhrough Software Assurar Software Assurarid supersede and, replace the e. order confirmation, and proof of payment, will b Enrollment, f. Reorganizations, consolidations, and privati or Qualified Users covered by an Enrollment cha a reorganization; consolidation, or privatization of fhg° Enrolled Affiliate in good faith to deter 0'" circumstances in the context of this agreement. third party with an existing agreement or enroll to the terms of this (l agreement or an through r which arms in :ther with under its fiber of Qualified Devices ten percent as a result of s Microsoft will work with ommodate its changed Affiliate iti good faith to accommodate its changed circumstances in the context of agreement, 4. How to know what Product Use Rights apply. a. Product Use Rights. The Product Use Rights in effect on the effective date of an Enrollment will apply to Enrolled Affiliate's use of then-current versions of each Product (excluding Online Services). For future versions, the Product Use Rights in effect when those future versions are first released will apply. In both cases, subsequent changes made by Microsoft to the Product Use Rights for a particular version will not apply to Enrolled Affiliate's use of that version, unless Enrolled Affiliate chooses to have such changes apply. The use rights for Online Services and the process for updating them as the Online Services evolve are detailed in the Product Use Rights. b. Product Use Rights for earlier versions (downgrade). If Enrolled Affiliate runs an earlier version of a Product than the version that was current on the Enrollment effective date, the Product Use Rights for the version licensed, not the version being run, will apply. However, if EA2012A9r(US)8LG(ENG)(0Ct2012) - - -- Page4of15 Vol. /89 Pg. 01� Document X20.03196 the earlier version includes components that are not part of the licensed version, any Product Use Rights specific to those components will apply to Enrolled Affiliate's use of those components. c. Reservation of rights. All rights not expressly granted are reserved. 5. Making copies of Products and re- imaging rights. a. General. Enrolled Affiliate may make as many copies of Products, if applicable, as it needs to distribute them within its organization. Copies must be true and complete (including copyright and trademark notices) from master copies obtained from a Microsoft approved fulfillment source. Enrolled Affiliate may use a third party to make these copies, but Enrolled Affiliate agrees it will be responsible for any third party's actions. Enrolled Affiliate agrees to use reasonable efforts to notify its employees, agents, and any other individuals who use the Products that the Products are licensed from Microsoft and subject to the terms of this agreement. b. Copies for training /evaluation and back -up. For all Products other than Online Services, Enrolled Affiliate may: (1) use up to 20 complimentary copies of any licensed Products in a dedicated training facility on its premises for purpose f s o Mining on that particular Product, (2) use up to 10 complimentary copies of any Products for, 10'day evaluation period, and (3) use one complimentary copy of any licensed Product, for ba�ftu or archival purposes for each of its distinct geographic locations Trials for An6ntCS nige smay be available if specified in the Product Use Rights.4„ u r) 3 _. c. Right to re imag 1 (certain cases ra- imaging is pertstitted ns�t a oduc{ fined a. If the �a i a a� v Microsoft P d�r4fas (icer�s d (1) from an original egwpmd i mangy ac�ureg ( �a s a full packaged odu _ hroug a °retell soutge.. o� (3)�unds le�tothei:_Mieros p M1 m,;then media plromdecl under thls,agr do M may genefally be�i totereate )maggsSfof se in a. - ^state of copies provided t rou thffi sepa fe sourese) I tfllt,is conddipilal upon the fcltowing: 4 (1) Separate Licenses must'be owhbh'irom_the our�e for each ProductAhit is re- imaged. (ti) The Product, language, version and cohipongnts'of the copies made must be identical to the Product, language, version, and al'opmppnents of the, copies they replace and the number of copies or instances of the re- imaged Product permitted remains the same. ; CJj9(IIq *Eicept for copies of an operating system and copies of Products'Itcensed under another M:2i"� = Microsoft program, the Product type (e.g upgrade or full License) must be identical to ibW t s ` the.Product a from the separate source i 4.. H (iv) Enrolled Affiliate must adhere to any Product - specific processes or requirements for re= imaging identified in the Product List. (v) Re- images made under this subsection remain subject to the terms and use rights provided with the License from the separate source. (vl) This subsection does not create or extend any warranty or support obligation. 6. Transferring and reassigning Licenses. a. License transfers. You may transfer fully -paid perpetual Licenses: (1) if you are an agency of the U.S. Government, to another agency of the U.S. Government or to an unaffiliated third party in connection with (i) a privatization of the government agency or of an operating division of an Enrolled Affiliate or one of its government agency affiliates, (ii) a reorganization, or (iii) a consolidation: or EA2012Agr(1JS)SLG(ENG)(0d2012) Page 5 of 15 [VOL Z df % Pg. �.36 Oowment X20 -Q3196 (11) if you are an agency of a state or local government to: (a) any other government agency, department, instrumentality, division, unit or other office of your state or local govemment that is supervised by or is part of you, or which supervises you or of which you are a part, or which is under common supervision with you; (ii) any county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of your state and located within your state's Jurisdiction and geographic boundaries; and (iii) any other entity expressly authorized by the laws of your state to purchase under state contracts, or (b) an unaffiliated third party in connection with a privatization of an affiliate of agency as set forth in (a) above or of an operating division of the Enrolled Affiliate or one if its affiliates as set forth in (a) above, a reorganization, or a consolidation. b. Customer must notify Microsoft of a transfer of license by completing a transfer notice form, which can be obtained from htto : / /www.microsoft.com /licensina /contracts and send the completed form to Microsoft before the license transfer. No License transfer will be valid unless Customer provides to the transferee, and the transferee accepts in writing, the applicable Product Use Rights, use restrictions, limitations of liability (including exclusions and warranty provisions), and the transfer restrictions described in this section. Any license transfer not made in compliance with this section will be void. c. Internal Assignment of Licenses and Software Assurance. Licenses and Software Assurance must be assigned to a single user or,device within: the , ^Enterprise. Licenses may be reassigned within the Enterprise as described in the Produc" Ube f fights. %P 7. Term and a. Term T� of this agreement �p -be, 3b months ffom M� r aata�wnless terminat 1+ her partyss desnf>641 below Each Enroll nt haVa biotn.ad in pt Enrollment. OWIVI, b. Termination without- caurs reement, Without cause, upon 60 days written notice. Suc 1`ffermination�w�lle, ., ermmateelttier party's and its Affiliates' ability to enter into new Enrollrn`en!§ urlder`thls areement. Such termination will not affect any Enrollment or'order not oth rwise terminated`, antl any terms of this agreement applicablg to any Enrollment or or ot' %otherwise terminated will continue In effect with respect,,lo that Enrollment or order. An Enrolled Affiliate may terminate an Enrollment without liWlity, penalty or`further obligation to make payments if funds to make payments under the I ' Enrollment are not appropriated or allocated for such purpose. c. Mid -term termination for non - appropriation of Funds. Enrolled Affiliate may terminate this agreement or an Enrollment without liability, penalty a0urther obligation, to make payments If funds to make payments under the agreement or Enrollment are not appropriated or allocated by the Enrolled Affiliate for such purpose. d. Termination for cause. Either party to an Enrollment may terminate it if the other party materially breaches its obligations under this agreement, including any obligation to submit orders or pay invoices. Except where the breach is by its nature not curable within 30 days, the terminating party must give the other party 30 days' notice and opportunity to cure. If Microsoft gives such notice to an Enrolled Affiliate, Microsoft will give Customer a copy of that notice as well and Customer agrees to assist in attempting to resolve the breach. If the breach also affects other Enrollments and cannot be resolved between Microsoft and Customer within a reasonable period of time, Microsoft may also terminate this agreement and all other Enrollments under it, unless the basis for termination of the Enrollment is non - appropriation of funds to the Enrolled Affiliate, in which event Microsoft may only terminate the affected Enrollment(s). If an Enrolled Affiliate ceases to be Customers Affiliate, Customer must promptly notify Microsoft, and Microsoft may terminate its Enrollment. EA2012Agr(US)SLG(ENG)(Oct2012) y Page 6 or 15 FVOI. _ g.#_� Document X20 -03186 e. Early termination. If (1) an Enrolled Affiliate terminates its Enrollment as a result of a breach by Microsoft, or (2) if Microsoft terminates an Enrollment because the Enrolled Affiliate has ceased to be an Affiliate of Customer, or (3) Enrolled Affiliate terminates an Enrollment for non - appropriation of funds, or (4) Microsoft terminate an Enrollment for non- payment due to non- appropriation of funds, then the Enrolled Affiliate will have the following options: (I) It may immediately pay the total remaining amount due, including all installments, in which case, the Enrolled Affiliate will have perpetual rights for all Licenses it has ordered; or (li) It may pay only amounts due as of the termination date, in which case the Enrolled Affiliate will have perpetual Licenses for: 1) all copies of Products (including the latest version of Products ordered under SA coverage in the current term) for which payment has been made in full, and 2) the number of copies of Products it has ordered (including the latest version of Products ordered under Software Assurance coverage in current term) that is proportional to the total of installment payments paid versus total amounts due (paid and payable) if the early termination had not occurred. (iii) In the case of Early Termination under Subscriptiorl.lpi� .bllments, Enrolled Affiliate will have the following options: 1) For eligible products Enrolled Affiliate may obtain Pe sesas described in the sechon,titled "Buy-out option 1 provided that Mlcroso�tt rgcewes the; buy -out order for th a tenses within 60 days after Erirolied A jute vtdas notice of to 118 O • 2 # e knot exert si ' # rrgg ng boy 4 t fbn, in: the evAnt o reach btYim jcrc oft Microsoft ` us, Resgller crerBt for ahy bmcunf at to a° va ':that JvouM apply after the J - date of terminatwn� ° y: 1a fis a af,;r ' Nothing in this section shall a eEt efpetual License ?t9 �4s7acgwr� eit in a separate agreement or in a prior term of the temiinfited EnrollmenL� r:. I. Effect of termination or expiration Whafi ah Enrollment expires or is terminated, (i) Enrolled Affiliate must order Licenses for all copies of Products it has run for which it has a ffW llit4'tu�. including subscription order. Any`6nd due and unpaid a ablle LEz Except as provided lthe f.r,i3"4' 9 P Y P P. become due and payable. te'rmination," all unpaid payments for Licenses immediately (Y subsection titled''E able. „ . (ii) Enrolled Affiliate's right to Software Assurance benefits under this agreement ends if it does not renew Software Assurance. g. Modification or termination of an Online Service for regulatory reasons. Microsoft may modify or terminate an Online Service where there is any current or future government requirement or obligation that: (1) subjects Microsoft to any regulation or requirement not generally applicable to businesses operating there; (2) presents a hardship for Microsoft to continue operating the Online Service without modification; and /or (3) causes Microsoft to believe these terms or the Online Service may be in conflict with any such requirement or obligation. For example, Microsoft may modify or terminate an Online Service in connection with a government requirement that would cause Microsoft to be regulated as a telecommunications provider. h. Program updates. Microsoft may make a change to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments. EA2012Agr(US)SLG(ENG)(Oct2012) q -- Page 7 o 15 Vol. lO a / Pg. g343' Document X20.03196 & Restrictions on use. Enrolled Affiliate must not: a. separate and use the components of a Product on two or more computers, upgrade or downgrade components at different times, or transfer components separately, except as provided in the Product Use Rights; b. reverse engineer, decompile or disassemble any Product or Fix, except where applicable law permits it despite this limitation; or c. distribute, sublicense, rent, lease, lend, or host any Product or Fix except as permitted in the Product Use Rights or in a separate written agreement. 9. Non - Microsoft software or technology. a. Enrolled Affiliate is solely responsible for any non - Microsoft software or technology that it installs or uses with the Products or Fixes. Microsoft is not a party to and is not bound by any terms governing Enrolled Affiliate's use of non - Microsoft software or technology. Without limiting the foregoing, non - Microsoft software or scripts, linked to or referenced from any Product website, are licensed to Enrolled Affiliate under tne`open source licenses used by the third parties that own such code, not by Microsoft 0 b. If Enrolled Affiliate installs or uses any non Microsoftiso�sre'oratechnology with the Products or Fixes, it directs and controls.the installati use Jof such software or technology in the R ducts or Fixes throughats actions (e g 1 gfi Erin Ietl Affiliate's use of applicationrprogi�t mmg interfaces antl other techn st me3rr$fttlaz'at are,pEart oMine Online Services�,ehn�it>�?�iAtt�not Arun or make, any copies. of s'ucf�t" non ��c�'oso(4s�o$�ware or technolag� a�de gf its r lobo s�lipewlth �Rrolled �ffiliateq� �,t rA'� * ,6 `tir�p , c.vrlf� Enrolled Affiliate installs or �usa�s� any Finn NhcrosoftY oftwaye� or techndlogy with the Protluds or F,rix,.;it may not db'��rn any, waythat�.`would seibtect MtcrosdJl's intellectual prripertv or technology to obligation s eyond thole ihcfudarf "'""Y' "�igt, h�q?agreerhent. 10. Confidentiality. To the extent permtted,.,by.•applicable law, the terms and _conditions of this agreement are confidential Neither party will disclose such terms and conditions, ':or the substance of any discussions th f fed rp-�hem; to any third party other than Affiliates or agents, or to designated or prospective resellers wwingp(,1)l0have a need to know such information „in order to assist in carrying out this agreement, ,arid (2) h9% been instructed that all such infdrmation is to be handled in strict confidence. For the avoidance doubt, the parties acknowledge that this Confidentiality provision recognizes that when there is a business need to do so, Microsoft and Customer may need to sharelexchange their respective Confidential Information with each other to develop a more meaningful business relationship. This section provides Microsoft and Customer with a well - balanced, commercially reasonable and comprehensive set of confidentiality terms that enable both parties to share /exchange a wide range of Confidential Information with each other knowing with confidence that significant confidentiality protections are in place. The confidentiality terms denoted below do not govern Microsoft's handling of Customer Data. In all instances under this Agreement, Microsoft's handling of Customer Data shall be governed as described under various other provisions of this Agreement and by Microsoft's data security policy. a. What is included. "Confidential Information" Is non - public information, know -how and Trade Secrets in any form that are designated as "confidential" or a reasonable person knows or reasonably should understand to be confidential. It Includes non - public information regarding either party's products or customers, marketing and promotions, or the negotiated terms of Microsoft agreements. EA2012Agr(1JS)St_G(ENG)(0d2012) Page B of 15 Document X20 -03195 Vol" % Pg. 3 b. What is not included. The following types of information, however marked, are not Confidential Information. Information that: (1) is, or becomes, publicly available without a breach of this agreement; (ii) was lawfully known to the receiver of the information without an obligation to keep it confidential, (111) is received from another source who can disclose it lawfully and without an obligation to keep it confidential; (iv) is independently developed; or (v) is a comment or suggestion one party volunteers about the other's business, products or services. c. Treatment of Confidential Information. (1) In general. Subject to the other terms of this agreement, each party agrees: 1) it will not disclose the others Confidential Information to third parties; and 2) it will use and disclose the other's Confidential Information only for purposes of the parties' business relationship with each other. „r: •. (ii) Security precautions. Subject to the other terms 6f iii afire ment, each party agrees: 1) to take reasonable steps to protect the other's ConTtdis Uati(rlfoNation -- these steps must be at (past as protective as tho'oe (he partq'takesf plpfeet Rsvn Confidential 2) to. M t eg7d& ierfpromptly upon d5scgverX of any unari(hor ed oi�dis losure of fop i>(ial =fnformatron, and $1 to mooerata ninth flre oth6d&hato'feaam coirhrol ttte.Corifideittra information and prevegt further. urr (iii) Sharing Confidential 1) A "Representative" is an employe,fcontractor advso, or consultant of one of the parties or of one of the parties Affiliates :., 2)y " °Eedh:party-may disclose the other's confidential information to its Representatives cgs yxre;1v (who may then disclose that Confidential'-In forma4ori'tb °ether of that party's Representatives) only if those Representatives haves need to know about it for .l� purposes of the parties' business relationship.vuflh each other.° "Before doing so,, each kf party must: a = A. ensure that Affiliates and Representatives are required to protect the Confidential Information on terms consistent with this agreement; and B. accept responsibility for each Representative's use of Confidential Information 3) Neither party Is required to restrict work assignments of Representatives who have had access to Confidential Information. Neither party can control the incoming information the other will disclose to it in the course of working together, or what that party's Representatives will remember, even without notes or other aids. Each party agrees that use of information in Representatives' unaided memories in the development or deployment of the parties' respective products or services does not create liability under this agreement or trade secret law, and each party agrees to limit what it discloses to the other accordingly. (iv) Disclosing Confidential Information if required to by law. Each party may disclose the other's Confidential Information if required to comply with a court order or other government demand that has the force of law. Before doing so, each party must seek EA2012Agr(US)5LG(ENGXOd2012) Page 9 of 15 voi. / Qq Pg. 4,, Document X20 -03196 the highest level of protection available and, when possible, give the other enough prior notice to provide a reasonable chance to seek a protective order. d. Length of Confidential Information obligations. Except as permitted above, neither party will use or disclose the other's Confidential Information for five years after it is received. The five -year time period does not apply if applicable law requires a longer period or the Product Use Rights provide a more specific requirement. 11. Warranties. a. Limited warranty. Microsoft warrants that: (1) Online Services will perform in accordance with the applicable Service Level Agreement; (it) Products other than Online Services will perform substantially as described in the applicable Microsoft user documentation; and b. Limited warranty term. The limited warranty for: (I) Online Services is for the duration of Enrolled Affiliate's use of the Online Service, subject to the notice requirements in the applicable Service Level Agreement; (II) Products other than Online Services is one year Fran the date Enrolled Affiliate first uses the Product; and �, t c. Limited warranty exclusions. This limited warranty is'subj ct(ofit� followufg limitations: (i) any implied wwaaeaanties, guarantees ofF &ondt(lons 66, )n hat test a matter of et law last } ronfjijidbr from the startaf the limited wart my ? `� z _ a n (it) the, li'M'.0 d�WB'r anty�d'oee not coverkproblems sau5 t by cid�n g p use in a 1r r events 0eyonp microsom�s,reaau# n wrr ur rnM + X. (ill) the limited warranty does not 'apply to cor��lotlenm .Products that Enrolled Affiliate is permitted to redistribute, : _ w rr� i11 'o 7F ;_ n e (iv) the limited warranty does not apply tntre tnal; pre rele or products; and aseL (v) the I'imited warranty does not apply to problems caused by the failure to meet minimum q_ s. _ system re uirement r� ',Remedies for breach of limited' warranty. If Microsoft fails to meet any of the above limited s(r " "` warranties and Enrolled Affiliate notifies Microsoft within the warranty, term, then Microsoft will:.. y (1) for Online Services, provide the remedies identified in the Service Level Agreement for the affected Online Service; (it) for Products other than Online Services, at its option either (1) return the price paid or (2) repair or replace the Product; and These are Enrolled Affiliate's only remedies for breach of the limited warranty, unless other remedies are required to be provided under applicable law. e. DISCLAIMER OF OTHER WARRANTIES. OTHER THAN THIS LIMITED WARRANTY, MICROSOFT PROVIDES NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS. MICROSOFT DISCLAIMS ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON- INFRINGEMENT. THESE DISCLAIMERS WILL APPLY UNLESS APPLICABLE LAW DOES NOT PERMIT THEM. EA2012Agr(US)SLG(ENGX0ct2012) Page 10 of 15 Vol. /g� pg. V�It,!/ Document x20.03196 12. Defense of infringement, misappropriation, and third party claims. a. Microsoft's agreement to protect. Microsoft will defend Enrolled Affiliate against any claims made by an unaffiliated third party that any Product or Fix that is made available by Microsoft for a fee infringes that party's patent, copyright, or trademark or makes unlawful use of its Trade Secret. Microsoft will also pay the amount of any resulting adverse final judgment (or settlement to which Microsoft consents). This section provides Enrolled Affiliate's exclusive remedy for these claims. b. Limitations on defense obligation. Microsoft's obligations will not apply to the extent that the claim or award is based on: (i) Customer Data, non - Microsoft software, modifications Enrolled Affiliate makes to, or any specifications or materials Enrolled Affiliate provides or makes available for, a Product or Fix; (II) Enrolled Affiliate's combination of the Product or Fix with a non- Microsoft product, data or business process; or damages based on the use of a non- Microsoft product, data or business process; (iii) Enrolled Affiliate's use of either Microsoft Trademarks or the use or redistribution of a Product or Fix in violation of this agreement or any agreement incorporating its terms or; (hr) Enrolled Affiliate's use of a Product or Fix after MicrosofUidentlfes Enrolled Affiliate to discontinue that use due to a third party claim.` �I, To the extent permitted by applicable law •Enrolled Affiliate writ be,respons le,hlicrosoft for any costs or daa 661 ththaI esult from arr& eO the above actions* gl' a y g� may c, Enrolled -/ lisle %Fa9 sement, to ro ptect To the exte i twit ap IlCabte law, Enrolled pefend tu{icrosofft 'and lta Atli sates agains any Cl2i q adePR. an unaffiliatd th rd partyjhat d( (i)i any Customer Data s r �e i `mot[[ is onCuslcmer's behalf infringes the third paitys patngopyngftt oretrark oc makes unlawful use of its Trade Secretor (ii) Arises from violation of the Acceptable`u'se Policy, which is described In the Product Use Rights: torriii "f) 1 settlement to which responsible consents). tThis Section fpaov des resulting Microsoft's rexclus ve remedy dy for these claims. d. Rights and remedies in case of possible infringement or misappropriation. (1) Microsoft's offerings, If Microsoft reasonably believes that a Product or Fix may infringe or misappropriate a third - party's intellectual property rights, Microsoft will seek to: (1) procure for Enrolled Affiliate the right to continue to use the Product or Fix; or (2) modify or replace it with a functional equivalent to make it non - infringing and notify Enrolled Affiliate to discontinue use of the prior version, which Enrolled Affiliate must do immediately. If the foregoing options are not commercially reasonable for Microsoft, or if required by a valid judicial or government order, Microsoft may terminate Enrolled Affiliate's license or access rights in the Product or Fix. In such a case, Microsoft will provide Enrolled Affiliate with notice and refund any amounts Enrolled Affiliate has paid for those rights to the Product or Fix (or for Online Services, any amount Enrolled Affiliate has paid in advance for unused Online Services). (if) Customer Data or use of non - Microsoft software with Online Services. If an unaffiliated third party asserts that Customer Data or non - Microsoft software or technology used by Enrolled Affiliate the Online Services violates their intellectual property rights, Microsoft may ask Customer to remove the allegedly infringing item. If EA2012A9r(US)SLG(ENGI(0Ot2012) _ - - Page 11 of 15 Vol. pg. Document x20413196 Enrolled Affiliate fails to do so within a reasonable period of time, Microsoft may suspend or terminate the Online Service to which the Customer Data or non - Microsoft software relates. e. Obligations of protected party. Enrolled Affiliate must notify Microsoft promptly in writing of a claim subject to the Subsection titled 'Microsoft's agreement to protect" and Microsoft must notify Enrolled Affiliate promptly in writing of a claim subject to the Subsection titled "Customer's agreement to protect." The party invoking its right to protection must (1) give the other party sole control over the defense or settlement; and (2) provide reasonable assistance in defending the claim. The party providing the protection will reimburse the other party for reasonable out of pocket expenses that it incurs in providing assistance. 13. Limitation of liability. a. Limitation on liability. To the extent permitted by applicable law, the liability of Microsoft and Enrolled Affiliate, their respective Affiliates and contractors arising under this agreement is limited to direct damages up to (1) for Products other than Online Services, the amount Enrolled Affiliate was required to pay for the Product giving rise to that liability and (2) for Online Services, the amount Enrolled Affiliate paid for the.,Online Service giving rise to that liability during the prior 12 months. In the case of Products: provided free of charge, or code that Enrolled Affiliate is authorized to redistribute, to third pities without separate payment to Microsoft, Microsoft's Viability is limited to U.S a5 000 these f itattiogs,.apply regardless of whether the liability is based on breach of 4ontract Iiil rnclu�5151 ffgence), strict liability, breach of warrantis, or any other legal theory Howgver'thes "myriretary 1i 9 ti ns will not apply to: t,f (1) Microsot s fen E 'rojfedS Affiliate s, obligations und'i3r fie seCfror L" Defense of infrinqa ahrr ('sappropnetron and ifitrd'party c'iaun3 g, jr+ 1'- an u 4 , n °t!(II)� habr6ty for damages causedbyridher piihys gro_srs neghgetor willful rrrrsconduct, or that of its employees pats agertts� and awarcled t ;r a �u`(t fjrtal adjuG.idati6n (provided that, in jurisdictions that tlo noi+a ryognizea6leal figs ^ iontietween gross negligence" and "negligence,' "gross neghge ce,asused,F'r�ttiis subsection shall mean recklessness ");ii`;,r (iii) liabilities arising out of any breach by" either party of 6_'.6bligations under the section entitled"Conffdentiality', except that Microsoft s Aabil,ty arising out of or in relation to piiw i Mstomer Data shall in all cases be limited to the amount Erirofled Affiliate paid for the Online Service giving rise to that liability during the prior-l- ' 2 mdnths " + (Iv) liability for personal injury or death caused by either pirtV -s,;,nejligence, or that of its employees or agents, or for fraudulent misrepresentation; and (v) violation by either party of the other party's intellectual property rights. b. EXCLUSION OF CERTAIN DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, NEITHER PARTY, NOR ANY OF ITS AFFILIATES, OR CONTRACTORS, WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, REVENUES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. HOWEVER, THIS EXCLUSION DOES NOT APPLY TO EITHER PARTY'S LIABILITY TO THE OTHER FOR VIOLATION OF ITS CONFIDENTIALITY OBLIGATIONS (EXCEPT TO THE EXTENT THAT SUCH VIOLATION RELATES TO CUSTOMER DATA), THE OTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS, OR THE PARTIES' RESPECTIVE OBLIGATIONS IN THE SECTION TITLED "DEFENSE OF INFRINGEMENT, MISAPPROPRIATION, AND THIRD PARTY CLAIMS." EA2012Agr(US)SLG(ENG)(0Ct2012) Page 12 of 15 Vol. /�9 pg. Document X20.03196 14, 15. c. Affiliates and Contractors. Neither Microsoft nor Enrolled Affiliate shall bring any action against the other's Affiliates or contractors in respect of any matter disclaimed on their behalf in this agreement. Verifying compliance. a. Right to verify compliance. Enrolled Affiliate must keep records relating to the Products it and its Affiliates use or distribute. Microsoft has the right, to the extent permitted by applicable law, to verify compliance with the license terms for Products, at Microsoft's expense. b. Verification process and limitations. Microsoft will provide customer at least 30 days' notice of its intent to verify compliance. Microsoft will engage an independent auditor, which will be subject to a confidentiality obligation. Verification will take place during normal business hours and in a manner that does not interfere unreasonably with Customers operations. Customer must promptly provide the independent auditor with any information it reasonably requests in furtherance of the verification, including access to systems running the Products and evidence of licenses for Products Customer hosts, sublicenses, or distributes to third parties. As an alternative, Microsoft !??aY require Customer to complete Microsoft's self -audit process relating to the Products. Cusfomer and any of its Affiliates use or distribute. Such information will be used solely Ffor purposes,of determining compliance. w c. Remedies for noncompliance. If verifcation og self audxs any unlicensed use, Customer must within 30 days order surffient Itc�ii$es toff `fts use' .If there is no unlicensed use M soft will not undertake,another vet�fickrEpre aamew ustomer for at least one year �By kcising the rights an d proceduresfd crib K bo3e Ilp11 ..,ft,does not waive itsxrgPtts 01%',00- oeithis agreement or to p%ect'its intelfectu�l p r e y any other means petm�by law Miscellaneous. a. Notices to Microsoft. Notices, autfi}�artza�ionsxantl ,uest>3 ins onnection with this g:^ agreement must be sent by regular or ov�m)ght mat} expresscourier, or fax to the addresses t and numbers listed on the signature for `N* m this agreement. Notices will be treated as delivered`°on the date shown on the returnecelpt or on the courier or fax confirmation of delivery. - , Vt.. : d S fM Copies • r be • hf. *` Microsoft Corporation Legal and Corporate Affairs Volume Licensing Group One Microsoft Way Redmond, WA 98052 USA Via Facsimile: (425) 938-7329 Microsoft may provide information about upcoming Enrollment deadlines and Online Services in electronic form. Such information may be provided by email to contacts provided by Enrolled Affiliate under an Enrollment, or through a web site Microsoft identifies. Notice by email is given as of the transmission date. b, Assignment. Either party may assign this agreement to an Affiliate only. Assignment will not relieve the assigning party of its obligations under the assigned agreement. If either party assigns this agreement, it must notify the other party of the assignment in writing. EA2012Agr(US)SLG(ENGX00t2012) Page 13 of 15 VOI • / O g�,�S�S! Document X20-03196 O c. Severability, If a court holds any provision of this agreement to be illegal, invalid or unenforceable, the rest of the document will remain in effect and this agreement will be amended to give effect to the eliminated provision to the maximum extent possible. Subcontractors. Microsoft may use contractors to perform Services and support Online Services. Microsoft will be responsible for their performance subject to the terms of this agreement. d. Waiver. A waiver of any breach of this agreement is not a waiver of any other breach. Any waiver must be in writing and signed by an authorized representative of the waiving party. e. Applicable law; Dispute resolution. The terms of this agreement will be governed by the laws of Enrolled Affiliate's state, without giving effect to its conflict of laws. Disputes relating to this agreement will be subject to applicable dispute resolution laws of Enrolled Affiliate's state. f. This agreement Is not exclusive. Customer is free to enter into agreements to license, use or promote non - Microsoft software. g. Entire agreement. This agreement, the Product List, all Enrollments under this agreement, and the Product Use Rights constitute the entire agreement concerning the subject matter and supersede any prior or contemporaneous communications. In the case of a conflict between any documents referenced in this agreement that is not expressly resolved in the documents, their terms will control in the following order (jythelse terms and conditions and the accompanying signature form; (2) an Enrollment (3�the uct'ttst; (4) the Product Use ,t o .., Rights; (5) any other documents; and (8) all orders suHjpitted erns agreement. h. Survival. Prows,�ttsregarding ownershVand license rig a; F odubt Use Rights, restrictions or�t � NANence of perpetual licenses trans��,pr Qf cens� ranties ,defense of infrinoemertt *end; misappropriation ,clasps Mtcrosoft;s pnd ;Ctisto�r ob#GT ns to ill survive termination or' 6)(plratiohvj, f this Agreeme&andhof{ y a'§ree -enfjn which they are incorporated.' A, 5'.4-6 a „x, n I. No transfer of ownership. Microsoft doesr otttransfe�: @n Mbrshl$ rights in any licensed �., Product.$' ' 5-T W 6vid4d to Enrolled Affiliate is for.tha sole us f Rr hts l aln'eom Ijance with alt a livable federal �w is agreement and the Product Use Free Products. It is Microsoft's't nt that the terms oT �royided for use b or personal, benefit of any speed 90 yand¢regulstions Any free PrbducS � 9 e � P RP � fit of the Enrolled Affiliate and is not f•"� y vernment employee' , Vr k. Amending the agreement. This agreement (except the Pr t' nd the Product Use Rights) can be changed only by an amendment signed by both parties. I. ReseHers and other third parties cannot bind Microsoft. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft. m. Privacy and security. Microsoft and Enrolled Affiliate will each comply with all applicable privacy and data protection laws and regulations (including applicable security breach notification law). However, Microsoft is not responsible for compliance with any laws applicable to Enrolled Affiliate or Enrolled Affiliate's industry that are not also generally applicable to information technology services providers. Enrolled Affiliate consents to the processing of personal information by Microsoft and its agents to facilitate the subject matter of this agreement. Enrolled Affiliate may choose to provide personal information to Microsoft on behalf of third parties (including Enrolled Affiliate's contacts, resellers, distributors, administrators, and employees) as part of this agreement. Enrolled Affiliate will obtain all required consents from third parties under applicable privacy and data protection law before providing personal information to Microsoft. The personal information Enrolled Affiliate provides in connection with this agreement will be processed according to the privacy statement available at httDS7/AVWW,microsoft.com/licensing/servicegente (see footer), except EA2012Agr(l1S)SLG(ENG)(0ct2012) Page 14 of 15 Vol.. off Pg. P?!V$, Document X20 -03196 that Product - specific privacy statements are in the Product use rights. Personal data collected through Products or Services may be transferred, stored and processed in the United States or any other country in which Microsoft or its service providers maintain facilities. By using the Products or Services, Customer consents to the foregoing. Microsoft abides by the EU Safe Harbor and the Swiss Safe Harbor frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union, the European Economic Area, and Switzerland. For Online Services, additional privacy and security details are in the Product use rights. n. Voluntary Product Accessibility Templates. Microsoft supports the government's obligation to provide accessible technologies to its citizens with disabilities as required by Section 508 of the Rehabilitation Act of 1973, and Its state law counterparts. The Voluntary Product Accessibility Templates ( "VPATs ") for the Microsoft technologies used in providing the online services can be found at Microsoft's VPAT page. Further information regarding Microsoft's commitment to accessibility can be found at http: / /www.microsoft.com /enable. o. Natural disaster, In the event of a "natural disaster," Microsoft may provide additional assistance or rights by posting them on http• / /www.MiCrosoft.com at such time. p. Copyright violation. Except as set forth in the section above entitled "Transferring and reassigning Licenses ", the Enrolled Af fliate agrees to pay for, and comply with the terms of this agreement and the Product Use Rights, for the ;Products' it uses. Except to the extent Enrolled Affiliate is licensed under this agreement, it Will-We responsible for its breach of this contract and violation of Microsoft's copyright in the Prod ucts�incluc"in"g" payment of License fees specified m this agreement for unlicensed use. �� q. U.S. export Juur�rsid ittiion. Products an5d Fixes are�sublec, ,t).0 SAokppbrtt,fjurisdiction. Customer, j.IIjVmplywith ell U.S. Export Administration RegulatioYs�and�int�e £rnabon�abTraffic in Arms R, egulation`requiremehts_'as well as;ell end user; end -use sand destination �stnctions ,.duw^ Aeu,..",huvYe lY ...., .4 FA2012Agr(US)SLO(ENG)(0c12012) Page 15 of 15 Vol. Pg. � Document X20-03196 / 8 _ �iF i,ll; 1G lift I BRAZOS CO Eric Caldwell AUDITOR OFFICE PO BOX 914 BRYAN, TX 77603 United States Phone: (979) 361-4409 Fax: (979) 361-4408 Email: ecaldwell®brazoscountylx.gov A I Prices are in US Dollar (USD) Product 1 CoreCAL ALNG SA MVL UsrCAL Microsoft -Pan#: W06 -00448 2 ExchgSwStd ALNG SA MVL Microsoft - Pat* 312 -02257 3 PrjctPm ALNGSAMVLwlPrjctSvrCAL Microsoft - Pardl: H39.OMS 4 SysCbStd ALNG SA MVL 2Proc Microsoft -PaNY. T91L-00223 5 VisioPro ALNG SA MVL Microsoft - Par* D87 -01159 Additional Comments Microsoft DR Contract Number DIR- SDO.2503 Microsoft EA— Renewal Quote - Year 1 - 111112013. 1031014 Pricing Proposal Quotation #: 7237287 Created On: 10/26/2013 Valid Un$l: 10/31/2013 Account Executive Jon Sonnen Austin, TX Phone: 512 -574 -4207 Fax: 512 - 814.4891 Email: jor_sonnen @shi.com Qty Your Price Total 674 $39.60 526.690.40 1 $114.70 $114.70 5 $176.60 $863.00 1 $143.60 $143.60 10 $90.80 $906.00 Total $28,739.70 The Products offered under this proposal are subject to the SHI Return PoNcy pasted at WE sh/ comivtumooiicy. unless there is an existing agreement between SHI and the Customer. Vol. / 9`7 Pg.: f "h BRAZOS CO Eric Caldwell AUDITOR OFFICE PO BOX 914 BRYAN, TX 77803 United States Plane: (979) 361 -4409 Fax: (979) 361-4408 Ermit ecaldwefl@bruoscountybc.gov AN Prices am in US Dollar (USD) Product 1 CcreCAL ALNG SA MVL UsrCAL Microsoft - Par#: WOG -00446 Pricing Proposal Quotation #: 7237288 Created On: 10126/2013 Valid Until: 1 013112 01 3 Account Executive Jon Sonnen Austin, TX Phone: 512- 574 -4207 Fax: 512-814.4891 Emat: )on_sonnenGshi.com Qty Your Price Total 974 539.60 $26,690.40 2 ExchgSwSM ALNG SA MVL 1 $114.70 $114.70 Microsoft - Pen#: 312 -02257 3 PrWm ALNG SA MVL w1PQd5vrCAL 5 $176.60 $883.00 Microsoft - Partp: H30 -00238 4 SysCtr$WALNGSAMVL2Proc 1 $14160 $143.60 Microsoft - Pena: T9L -00223 5 VlsioPro ALNGSAMVL 10 $90.80 $908.00 Microsoft - Paral: D87 -01159 Total 328,739.70 Additional Comments Microsoft DIR Contract Number DIR -SDD -2503 Microsoft EA— Renewal Quote - Year 2 - 111112014 - 10131/2015 The Products offered under this proposal are subject to the SHI Return Poltcy posted at www.shl.comhefurnoolkv, unless there is an existing agreement between SHI and the Customer Vol. /f,9 Pg._� di ^. Icy, 1' 4 a. BRAZOS CO Eric Caldwell AUOITOR OFFICE PO BOX 914 BRYAN, TX 77803 United States Phone:(979)361 -4409 Fax: (979) 361 -4408 Emat: ecaldwell7@brozosmuntytx.gov All Prices are in US Dollar (USD) Product Pricing Proposal Quotation #: 7237289 Created On: 10/26/2013 Valid Until: 1013112013 Account Executive Jon Sonnen Austin, TX Phone: 512 - 574 -4207 Fax: 512 -614 -4891 EmaF. sannen�sN.00m Qty Your Price Total 1 COMCALALNGSAMVLUsrCAL 674 $39,60 $26,690.40 Microsoft - Pan#: WOB-OD446 2 ExchgSvr$td ALNG SA MVL 1 $114.70 $114.70 Microsoft - Partlf: 312.02257 3 PryctPm ALNG SA MVL w1PQclSvrCAL 5 $176.60 $863.00 Microsoft - ParI H30 -00236 4 SysCtrStd ALNG SA MVL 2ProC 1 $143.60 $143.60 Microsoft - Part*. TOL -00223 5 VisioPro ALNGSAMVL Microsoft - Pan#: D87.01159 Additional Comments Microsoft DIR Canbad Number DIR- SOO.2503 Micro,Wl EA. Renewal Quote - Year 3 - 111112015. 1013112016 10 $90.80 $908.00 Total $28,739.70 The Products offered under this proposal are subject to the SHI Return Policy posted at www.shi.com/MfurnpolicY, unless there is an existing agreement between SHI and the Cusfomer. Vol. 1.9y Pg.'g jz9 ¢ti II'f: BRAZOS CO Eric Caldwell AUDITOR OFFICE PO BOX 914 BRYAN, TX 77803 United States Phone: (979)361 -4409 Fax: (979)361.4408 Ems! ecaldwell&mzoscountylx.gov Al Prices are in US Ddlar (USD) Product 1 CoreCAL ALNG Lic.SAPk WL UsrCAL Microsoft • Part# W06 -00445 Pricing Proposal Quotation M 7228931 Created On: 102412013 Valid Until: 10/3112013 Account Executive Jon Sonnen Austin. TX Phone 512574 -4207 Fax: 512.8144891 End: lon_sonnen@shi.com 0b Your Price Total 58 $15100 S8,804.40 Totzl $8,804.40 The Products offered under this Proposal are subject to the SHt Return Policy posted at w ..shi-cm#plurnoolicv, unless there is an existing agreement between SHl and the Customer. Vol. /9 Pg. Document Revision Authorization By signing below, you agree to allow the SHI Microsoft Contracts audit team to make necessary changes and minor revisions to your Microsoft Enrollment including, but not limited to: • Correcting typographical errors • Adding /changing enrollment numbers • Adding /changing amendment numbers Additionally, you acknowledge and consent that: • You will be notified of any change the SHI Microsoft Contracts team makes while submitting your Enrollment to Microsoft. • No alteration by the SHI Microsoft Contracts team will alter your terms and /or pricing for your Enrollment. Customer Name CO Customer Printed Name and Title DUANE PETERS, COUNTY JUDGE Date 1.I 1/3 Vol 1 7 — Pg. ®� Microsoft Program Signature Form MBAIMRSA number Agreement number 7118883 Volume Licensing Proposal 10 Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Contract Document Number or .+ <Choose A reement> Documen Numtier'oi'Code,_ <Choose A reement> Yif9\, J,1 pyy:. yH. Ddcument Number or Code %O%, < + ChooseA reement> .., (N t z:L Document Nifmd e`r- orr,,I otle <Choose A reement> i 4 '`.': l4 . °' rf aDocument Number or. ode <Choose.A ree"ment> •' I nr v. F :Document+Number+oFCdtle^'I,. : L Select Plus'Affiliate Re islratioo-Form X20 04921. = .;,:, t$ , <Choose EnrollmentlRe istration> sDocument Numtier;or Code <Choose EnrollmentlRe istration �Documern Number.•or Code <Choose EnrollmenURe istration> Document Number or Code fcGtioose'"Enrollirient/Re istration> Document Number.orCode' merit Descr tion. Document Number or Code , D'dcumen'b" lion Document Number or Code Document Description Document Number or Code Document Description Document Number or Code Document Description I Document Number or Code By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. Program SignFonn(MSSign)(NA, LatAm)ExBRA,MLI(ENG)(OW013) Vol.- - pg._.Z.f� Page 1 of 3 Name of Entitle fmusf a legal erntity nam�tPRAZOS COUNTY r � Signature' Printed First and Last Name` DUANE PETERS Printed Title COUNTY JUDGE Signature Date* �'SI13 Tax ID Microsoft Licensing, GP Signature Printed First and Last Name Printed Title Signature Date r+ , (sate Microsoft Aff+liate countersigns) 4 Ar Agreement Effective Dateg I } K ! 1 ( my be different fban t_ta s "atule a�e)`y�yt. e. ASS' Optional Name of Entity (must be legal entity name)' Signature*., Pnnted Flrot and Last Name* Printed Title Signature Date• Name of Entity (must be legal entity name)` 5ignature• Printed First and Last Name" Printed Title Signature Date" If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form. After this signature form is signed by the Customer, send it and the Contract Documents to Customers channel partner or Microsoft account manager, who must submit them to the following ProgmmSi gnForm( MSSign)( NA ,LatAm)EcaRA,MLI(ENG)(OC12013) Page 2 of 3 Vol. / OU address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Licensing, GP Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada 89511 -1137 USA -dJ ProgramSignForm( MSSign)( NA ,LatAm)ExBRA,MLI(ENG)(Gct2013) Page 3 or 3 Vol. /'f7 Pg. 't IN Microsoft Select Plus Affiliate Registration Form Registration Type Resellerto Complete Agreement Number Microsoft or Reeellerto compete Qualifying Contract Resellerto complete Lead AMNate ❑ Additional Affiliate 7118883 Volume Licensing State and Local Lead Affiliate Public Customer Number(PCN) Reseller M compete Additional Affiliate Public Customer Number (PCN) Reseller to complete Change Affiliate Anniversary Month Reseller ro compete 9C67FD36 November By registering, Registered Affiliate accepts and agrees to be bound by the terms of the agreement and any applicable attachments (the 'agreement), and will be allowed to acquire Products in accordance with the Agreement. If Registered Affiliate registers as an Additional Affiliate, Registered Affiliate represents that the Additional Affiliate is an eligible entity of the Lead Affiliate identified above. This registration is valid when accepted by Microsoft and until It is terminked- egistered Affiliate will receive an acceptance notification confirming the effective date of_this registration Microsoft may refuse "g "'e to accept a registration if there is a business reason,;for doing so Edher.;'party m'ay,terminate this registration for any reason wlth60 days advance "written notice. TerminaGngalhls rregtstration will terminate the Registered Afftllatee` s abliIty to place Orders under the ag Seeme Each Registered Affifate>mayliquahfy for and receive addltionatbenefits byrelec[mg are, Assurance membership .,By' electing Software Assurance membership, the, Registered Affiliate rslrcommittin" to include Software Assurance with every'�eligible Order. -To make this elechon; complete a Td(suti' it the Select Plus Software Assurance Membership Election Form'. Qualifying systems Licenses. The operating system., icenses granted- ` ,U- e- r this "program are upgrade Licenses only. Full operating system Licenses are not available Lin 9ert is program. If Customer selects the Windows Desktop Operating System Upgrade, all qualified desktops "on which the Customer runs the Windows Desktop Operating System Upgrade must be licensed to run one of the qualifying operating systems identified it)- Product List at htto /twwwmicrosoftcom /licensing /contracts. Exclusions are subject to change when new versions of Windows are released. ' In order +to use a third party to relimage the Windows Operating System Upgrade, Registered Affiliate must certify that it has acquired qualifying operating system licenses. See the Product List for details, 1. Primary Contact Information. Registered Affiliate must identify an individual from inside its organization to serve as the primary contact. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. Name of entity* BRAZOS COUNTY Contact name•: First Eric Last Caldwell Contact email address* ecaldwell@brazoscountytx.gov Street address* 205 East 27T" Street City' Bryan State* TX Postal code" 77803 Country* USA Phone* (979) 361 -1409 SelectPlus20 l2ARFGoy(US)SLG(ENG)(Oc=12) Page 1 of 3 I — -- - - - - -- Document X20.04921 Vol. —_ Xf Pg.__A.�r Tax ID ' indicates required fields 2. Notices and online administrator. This individual receives contractual notices. They are also the online Administrator for the Volume Licensing Service Center and may grant online access to others. ❑ Same as primary contact Name of entity' BRAZOS COUNTY Contact name': First Desmond Last Harris Contact email address' Licensing @brazoscountytx.gov Street address' 205 East 27TH Street City Bryan State' TX Postal code" 77803 Country' USA Phone' (979) 361 -4457 ❑ This contact is a third party (not the Registered Affiliate). identifiable information of the Registered Affiliate. " indicates required fields 3. Language preference. -: Select the language for noticesEhgllsh 4. Reseller information a ' t Reseller company named, SHl Intern atlonaF;C Street address (PO boxes will not be accepted) "�8O DOW City Somerset State` NJ Postal code" 08873 r +, Country' USA <- contact name' Phone'888 764 8888 Contact email address' msteam@shi.corn ndicat'es required fields " The undersigned confirms that ttie information is correct. Name of Reseller" SHI International Corp Signature' Printed name" Printed tflle" Contract Specialist Date' "indicates required fields This contact receives personally Changing a Reseller. If Microsoft or Reseller chooses to discontinue doing business with one another, Registered Affiliate must choose a replacement Reseller. If Registered Affiliate or Resellers intends to terminate their relationship, the initiating party it must notify Microsoft and the other party, using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. SeleclPI us2D 12AR FGov(US) SLG(E NG) (Oct2012) Vol. A8 19 t'y. _4,$t Page 2 o13 Document X20 -04921 5. Supplemental Contacts. Customer's Notices Contact identified above is the default contact for administrative and other communications. However, Customer may designate additional contacts using the Supplemental Contact Information form. 6. Software Assurance Membership Election. Each Registered Affiliate may qualify for and receive additional benefits with Software Assurance membership. By electing Software Assurance membership below, Registered Affiliate is committing for a minimum period of one year to include Software Assurance with every eligible Order, and to maintain Software Assurance for all copies of Products licensed under this program for at least one Product pool. Applications Systems Servers u `5 33 d SeleetPlus20l2AR FGov(US)SLG(ENG)(Oct2012) u P:14 Note: If "Yes' is marked, orders for Licenses without Software Assurance will not be accepted. Vol. 9 Pg W Page 3 of 3 Document X2004921 C3 BRAZOS CO Eric Caldwell AUDITOR OFFICE PO BOX 914 BRYAN, TX 77803 United States Phone: (1111 3614409 Fax: (979) 361 -4408 Bret ecaldwell ®brszoscountytx.gov All Prices are In US Dollar (USD) Product 1 OIBCeProPlus 2013 SNGL MVL Microsoft -Panty: 791 Pricing Proposal Quotation #. 7228955 Created On: 10/2412013 Valid Until: 10131/2013 Account Executive Jon Sonnen Austin, TX Phone: 512 - 5744207 Fax: 512.814 -4891 Finad: )on_sonnen@shi com oty Your Price Total 95 $329.20 $31,274.00 TOW $31,274.00 The Products offered under this proposal are subject to the SHI Return Policy posted at www.shi.comNetumOolicv, unless there is an existing agreement between SHI and the Customer Fvol--`<P�-- Pg CZ io f� r ry n'v dP October 28, 2013 Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 3611290 FAX (979) 361.4293 H &M Wholesale Inc. Phone: 97M90.8925 4150 HWY 6 South Fax: College Station, TX 77845 Email: warren @hmwholesale.com Attn: Edgar McIver Re: Renewal of Conhnct for Oil Change Services - 2014 -03R Brazos County would like to exercise the renewal option for Oil Change Services - 2014 -03R previously known as 2013 -02R, 2012 -06R and 2010 -43. All terms, conditions, shall remain the same. After Commissioner's Court approval, the renewal will start Upon Commissioner's Court approval through October 14, 2014. To accept the renewal option, please fill out the information and sign below. Please sign and date Attachment A. Return the signed documents by email to Iwilliams@w.brazos.tx.us or fax to (979) 361 -4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361 -4294. Contact Name: Et�R ?y eTvtC�e_ Telephone: %9 -1094 — ,f9aS- E -Mail: /.JAR2Ei.f 1114c.,Aalemlc,Cb"? Fax: 9%9 -690' m //% H & M WHOLESALE, INC. ��.� � �iA- ri# Duane Peters, County Judge /o x 13 Date I(�13 Date o'-3/ _a .z1 Cost for H M Whole Sale "BID 2014,�03R OIL CHANGE}r,a� November 5;'2013.006ber'14; 2013 ,Previously known as 2013.02R, 2012.06 and 2010-13 ;. Estimated Price of Castrol Total Estimated Type Of p of # of Yearly Price of 011 Brand of Oil Oil Change 14 Cost for Yearly Vehicle Vehicles Oil Change Filter c k Point Check Oil Changes Changes 1995 Ford Van 1 6 $33.61 S6.20 Mighty $23886 1996 Dodge Van 1 6 $31.70 $620 Mighty $227.40 1996 Dodge 3 18 $31.70 $620 Mighty $682.20 Pickup Pi 1997 Dodge Ram 1 6 $31.70 $620 Mighty $227.40 Van 1998 Chevrolet 1 6 $31.70 $1150 Mighty $259.20 Auto mini- Van 1998 Ford 3 Dr. 1 6 $33.11 $728 Mighty $242.34 Ext. Van 1998 Ford Van 1 6 $33 11 $1275 Mighty $275.16 Dodge Maxi -Wagon Van 1 6 $33.11 $6.20 Mighty $235.86 1999 Ford 1 6 $34.81 $7.28 Mighty $252.54 Econoline 1999 Lincoln 1 6 $34.81 $7.28 Mighty $252.54 Navigator 2000 Chevrolet 314 Ton Pickup 2 12 $33.11 $1275 Mighty $550.32 2000 Ford 4 24 $33,11 $7.28 Mighty $969.36 Crown Yc 2000 Chevrolet 2 12 $3311 $12.75 Mighty $550.32 314 ton Pick U Bus 2 12 NO BID NO BID NO BID NO BID International 2001 Ford' /,ton 1 6 $31.70 $8.30 Mighty $240.00 Ranger Pickup 2001 E350 club 1 6 $34.81 $7 28 Mighty $252.54 Wagon Van 2001 Ford F150 Pickup 1 6 $34.81 $11 50 Mighty $277.86 2002 Ford 3 18 $33.11 $128 Mighty $727.02 Crown Vic. 2001 Ford F150 1 6 $34,81 $11.50 Mighty $277.86 Ext. Cab Pickup 2002 Ford E150 6 $34.81 $728 Mighty $252.54 Club Wa on Tbaulation lyol pg `d Pa 1 Cost for H M Whole Sale E Bi0014 -03R OI0'tAA " 1 November 5, 2013 - October 14, 2013 > "` 2002Windstar 1 6 $3157 $11.50 Mighty $258.42 Cargo Van 2002 Ford 15 Passenger Club 1 6 $33.11 $11.50 Mighty $267.66 Wagon 2003 Ford 3 18 $33 11 $11.50 Mighty $802.98 Crown Vic. 2003 Chevrolet 1 6 $31.57 $749 Mighty $234.36 Truck S10 2003 Ford Truck F150Extended 2 12 $33.11 $11.50 Mighty $53532 Cab 2003 E350 Van 1 6 $33.11 $11.50 Mighty $267.66 2004 Chevrolet 1 6 $31.57 $6.20 Mighty $226.62 Blazer 2004 Ford F150 1 6 $3111 $12.55 Mighty $27396 Ext. Cab 2004 Ford Van 1 6 $33.11 $12.55 Mighty $273.96 Econoline 2004 Dodge 1 6 $33.11 $12.55 Mighty $27196 Dakota Truck 2004 Ford 5 30 $33.11 $7.28 Mighty $1,211.70 Crown Vic. 2004 F Van 1 6 $33.11 $11.50 Mighty $267.66 E350 5D 2005 Ford 7 42 $33.11 $7.28 Mighty $1,696.38 Crown Vic. 2005 Ford 2 12 $31.70 $10 15 Mighty $502.20 Explorer XL 2005 Ford Explorer XLS 2 12 $31.70 $10.15 Mighty $502.20 42 2005 Ford Truck 1 6 $33.11 $12.55 Mighty $273.96 F 150 2005 Ford 250 1 6 $33.11 $12.55 Mighty $273.96 Truck 2005 Dodge 1 6 $34.81 $7.28 Mighty $252.54 Truck Ram 1500 2005 Dodge 1 6 $31.57 $10.85 Mighty $254.52 Grand Caravan 2006 Ford 1 6 $33.11 $11.50 Mighty $267.66 Econoline E 2006 Ford F150 2 12 $33,11 $12.55 Mighty $547.92 Pickup 2006 Chevrolet 2 12 $31.57 $20.40 Mighty $623.64 Im Pala Tbaulation /Y y p2 &,/ Page 2 Cost for H M Whole Sale Tbaulation O y_ Pg, 9, P ge 3 201403R OIL CHANGE $November 5; 2013 October 74 2006 Chevy 1 6 $31.70 $16.30 Mighty $288.00 Colorado Pickup 2006 Dodge 9 54 $36.52 $12.70 Mighty $2,657.88 Charger 2006 Ford E350 1 6 $34.81 $11.50 Mighty $277.86 Van 2006 Crown Vic, 1 6 $33.11 $12.25 Mighty $272.16 2006 Ford CP 1 6 No Bid No Bid No Bid No Bid 2006 Ford Truck 1 6 $36.52 $1275 Mighty $295.62 250 2006150 2 12 $3311 $21.55 Mighty $655.92 Supercrew 2007 Dodge 12 72 $36.52 $12.75 Mighty $3,547.44 Charger 2007 Chevrolet 2 12 $33.11 $12.75 Mighty $550.32 Silverado Ford 350 2 12 $33.11 $12.75 Mighty $550.32 Passenger 2007 Chevrolet 1 6 $33.11 $12.75 Mighty $275.16 Tahoe 2007 Ford 1 6 $33.11 $7.28 Mighty $242.34 Crown Vic. 2007 Dodge 1 6 $33.11 $12.75 Mighty $275.16 Durango 2008 Ford F350 1 6 $34.81 $17,85 Mighty $315.96 Truck 2008 Dodge 4 24 $36.52 $12.75 Mighty $1,182.48 Charger 2008 Ford Truck 2 12 $33.11 $11.50 Mighty $53532 F150 1 2008 Ford Van 2 12 $33.11 $11,50 Mighty $535.32 E350 2008 Truck Chevrolet 2 12 $33.11 $11.50 Mighty $535,32 Silverado 1500 2008 Chevrolet 1 6 $33,11 $11.50 Mighty $267.66 Silverado 2500 2008 Crown 1 6 $33.11 $6.20 Mighty $235.86 Victoria 2008 Ford Truck 1 6 $33.11 $11.50 Mighty $267.66 F150 2008 Chevrolet. 1 6 $33.11 $12,75 Mighty $275.16 Truck F150 2008 Dodge 5 30 $33.11 $12.75 Mighty $1,375.80 Durango Tbaulation O y_ Pg, 9, P ge 3 Cost for H M Whole Safe -03R OIL 2- i ky,,;? , tk�V`` November 5,2013 ='October;l4, 2013 2009 Dodge 18 108 $36.52 $1775 Mighty $5,321.16 Charger 2009 Chevrolet 2 12 $33.11 $12.75 Mighty $550.32 SUV Tahoe 2009 Ford Van 2 12 $33,11 $12.75 Mighty $550.32 2009 Chevrolet 2 12 $33.11 $12.75 Mighty $550.32 Silverado 2009 Dodge 1 6 $32.40 $12.75 Mighty $270,90 Durango 2 Dodge 9 54 $36.52 $12.75 Mighty $2,660.58 Ch Charger 2010 SUV Jeep 1 6 $33.11 $12.75 Mighty $275.16 Grand Cherokee 2010 Ford 1 6 $33.11 $6.20 Mighty $235.86 Crown Victoria 2010 SUV 1 6 $33.11 $12.75 Mighty 5275.16 Chevrolet Tahoe TOTAL $43,185.06 Approved by Commissioner's Court on this day of 2013 by holding the position of Tbaulation E:- "-- ge 4 22 Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 BRAZOS COUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: October 31, 2013 BID NUMBER: 2014 -02 REQUEST FOR PROPOSAL NUMBER: REQUEST FOR QUALIFICATIONS NUMBER: TITLE: CULVERTS REQUESTING DEPARTMENT: R &B APPROVAL SIGNATURE: L Duane Peters, County Judge DATE APPROVED: I I j�I3 '* Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77503 PHONE (979) 361 -4290 FAX (979) 3614293 BRAZOSCOUNTY BID/RFP /RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: October 31, 2013 BID NUMBER: 2014 -12 REQUEST FOR PROPOSAL NUMBER: REQUEST FOR QUALIFICATIONS NUMBER: TITLE: ASPHALTS, OILS AND EMULSIONS REQUESTING DEPARTMENT: R &B APPROVAL SIGNATURE: Duane Peters, County Judge J DATE APPROVED: I i .5i/ 3 Vol. _� 9 �- Pll. ��eL� 23 BRAZOS COUNTY COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT October 22, 2013 TO: Leslie Contreras Brazos County Purchasing Department FROM: John McGuire RE: Brazos County Credit Cards JOHN D. MCGUIRE, DIRECTOR For business travel purposes, we would like to make some changes to the current holders of our department credit cards. Please accept the following request: Cancel department credit cards for Martha Banks and Gregory Lewis. Issue department credit cards for John McGuire, Stephanie Christopher, Margaret Beaty, Debora Batten and Amber Pledger. Marie Nutall, Ronald Zajac and Traci Conde will keep the current cards that have issued to them. Thank you for your consideration of this request. ROV n I- 5 I 7 Duane Peters date County Judge P.O. BOX 2015 • BRYAN, TX 77 806 -2 01 5 • (979) 361 -4410 (979) 822 -5341 (fax) Vol. I �/� pg..26 Diners Club V TERNATEONAE: Corporate Card Program Card Request Club Rewards" Enrollment Central Billing Mail or tax Completed applications to: •Application cannot be processed without this requiredWoanation. BMO GFYnairw l Group BMO Harris Bank N.A. Client Services P.O. Box 6138 Carol Stream, IL 60197.6138 Fax: 1-855-803-7341 For Organization's Program Administrator Use: 16-digit Summary Account A 153WUMIbI4060 t 'BUSINESS TELEPHONE r� f �r [ HOME TELEPHONE_ .____ P sword for security purposes Y tn... L� �� P you provide an rmag address wemay til-a mntutyaR oat DATE OF BIRTH �" ' �- 7 ' � E-MAIL ADDRESS (�lx' `lam r sT ;11 6 `��,aO`- "`�^1I e�KL�o/ur(azrount. A.��, � � � �� ,��, TO DESIGNATE ANOTHER PERSON TO MANAGE YOUR ACCOUNT, PLEASE INDICATE Name: �iSI31, W i hi RelationshipA dYJ61tidab k 1 ri d NAI) PARIKIPATION AND APPROVAL ORCANIIATION is REQUIRED BEFORE ENROLIM[NE ❑ Yesr Please enroll me In the Club Rewards program from Diners Club and start awarding me Club Rewards points on all eligible transactions charged to my Card.I understand that a yearly fee of $75 will be charged to my Diners Club Card Account. Club Rewards is only available on eligible transactions. See terms 8 conditions for further details. EMPLOYEE SIGNATURE EMPLOYEE/ APPLICANT SIGNATURE (optional) DATE ORGANIZATION INFORMATION AND AUTHOR IZATION(10 BE COMPtE10 BY THE PROGRAM MANAGER) NAME OF ORGANIZATION REQUESTING CARD ADDRESS CITY STATE ZIP Indicative Data Fields FIELD 1 FIELD 2 FIELD 3 FIELD 4 FIELD 5 FIELD 6 • Registered lod&marks of Sank or Monlical Diners Club Dino (Iub latesnalloml 00 Me split / n¢k Dedce and Club Rewords are registered iradi marls of Diners Club lntedualwal Lid. 160817 DCI US CorpCardReq- CB CR (09/11) L�'OI- [ Pg. f „ Diners Club INTERNATIONAL Corporate Card Program Card Request Club Rewards" Enrollment Central Billing Mail or fax completed applications to: •Application cannot be processed without this required Information. BMO GFbimcial Group BMO Harris Bank N.A. Client Services P.O. Box 6138 Carol Stream, IL 60197 -6138 Fax: 1. 855 - 803.7341 For Organization's Program Administrator Use: 16 -digit Summary Account # 5_=21JI4000 TITLE 'FIRST 'NAME �� NIL �I' MIDDLE �f 'LAST ??W `� T ORGANIZATION NAME ADDRESS (No P.O. Box) 0,1M ' GL f(yt" " fe . %` CITY STATE 71a— ZIP 'BUSINESS TELEPHONE 19 HOME TELEPH1ONE /L /_� _/t (� Passwoord for security purposes Pkgha_�iw e� � a IN \,14U YIJ @l'A1abra n�.tX.aLl�` you provide an ti-mail stress, we may use a m tontacl you N DATE OF EIRE E- MAILADDRESS JL.� / II''!!11 /�y`��o /m(aerount. e.,��.�� TO DESIGNATE ANOTHER PERSON TO MANAGE YOUR ACCOUNT, PLEASE INDICATE Name: � If. W 1 I'I I "S-e Relationship:a(drJd.igl REWARDS' ar iPTIONAI) PARTICIPATION AND , •s ORGANIZATION , D BEFORE ENROUMENT. ❑ Yes! Please enroll me In the Club Rewards program from Diners Club and start awarding me Club Rewards points on all eligible transactions charged to my Card.I understand that a yearly fee of $75 will be charged to my Diners Club Card Account. Club Rewards is only available on eligible transactions. See terms 6 conditions far further details. EMPLOYEE EMPLOYEE / APPLICANT SIGNATURE (optional) DATE ORGANIZATION INFORMATION AND AUTHORIZATION (TO BE COMPLETED By THE PROGRAM MANAGER) NAME OF ORGANIZATION REQUESTING CARD ISSUANCE ADDRESS CITY STATE ZIP Indicative Data A and Mule- mad, at Bank or alnnllaal. Diner, club amen LX" international with The Selil Llr ante and nub 4ewaks are reDlstaed Vadema,k, of Diners Club mternaoonal Lid 160817 DO us CorpcardReq- cB CR (09/11) Vol. ,__._, Pg. Diners Club INTERNATIONAL; Corporate Card Program Card Request Club Rewards® Enrollment Central Billing Mail or fax completed applications to: 'Application cannot be processed without this required Information. BMO 0 Mnancial Group BMO Harris Bank N.A. Client Services P.O. Box 6138 Carol Stream, IL 60197.6138 Fax: 1-855-903-7341 For Organization's Program Administrator Use: 16-digit Summary Account # 5W02 2jul Mite TITLE 'FIRST NAME a 10L MIDDLE 'LAST ORGANIZATION NAME r✓"—^l+�•rCSCA=n'1 ADDRESS (No P.O. Box) afQ -`'�� 2 CITY STATED ZIPS -i 02- 'BUSINESS TELEPHONE f r HOME TELEPHONE( y —�� __^ Paasssworrd ttat security purposes , DATE OF BIRTH a O r �rU@ /I,V a` V1a. r- ae- '•I'•''1p"�`do�ww�aDwunle ar email adOless, xe may use ll to mnlact you out TO DESIGNATE ANOTHER PERSON TO MANAGE YOUR ACCOUNT, PLEASE INDICATE Name: u� w (I I I L.V ks Relallonshlp: CLUB REWARDS 1 a• r NAI) PARTIOPA110ti AND APPROVAL ORGANITAII(M 15 RIQUiRFD t e ❑ Pest Please enroll me in the Club Rewards program from Diners Club and start awarding me Club Rewards points on all eligible transactions charged to my card. I understand that a yearly fee of $7S will be charged to my Diners Club Card Account. Club Rewards is only available on eligible transactions. See terms B conditions for further details. EMPLOYEE/ DATE ORGANIZATION INFORMATION AND AUTHORIZATION (10 ,81 (OMPLETEO BY THE PROGRAM MANAGER) NAME OF ORGANIZATION REQUESTING CARD ADDRESS CITY STATE ZIP FIELD 1 FIELD 2 FIELD 3 FIELD 4 FIELD 5 FIELD 6 Iol bi d Irade•meR, of Bank of IA.MeaC Diners club, Dins nub International wiN the Split Vol. 10 Pg.._9 ��e7 "'and Club Reward, are negateed lradei of Diners club lntematiorW tld. 160817 DCI U5 CorpCardReq • CB CR (09/11 Diners Club RNTERNATTONAU Corporate Card Program Card Request Club Rewards' Enrollment Central Billing Mail or fax completed applications to: *Application cannot be processed without this required information. BMO QrFYnancW Group BMO Harris Bank N.A. Client Services P.O. Box 6138 Carol Stream, IL 60197 -6138 Fax: 1-855- 803 -7341 For Organization's Program Administrator Use: 16 -digit Summary Account it TITLE `FIRST NAME JO `n PIA, *-AST W- �61iii "e, ORGANIZATION NAME B(OL Cf-1e VUA* AOORES5 (No P.O. Box) ` I J—�� CITY &ua— L STATE TX ZIP-11W-9 TELEPHONE 'y� HOME TELEPHONE _n_ 'Password for security purposes.0 �-± �� 't ,k A.t * Q5.tsl I W I I I I A w S12- r A 4yjy.��--�r/ LtS y you provide t. an rmad aCd�ess, we may use tt M 'mad 7 about DATE OF BIRTH L'A W 1 �rTJ1•I E -MAIL ADDRESS 1 ` IAJ� I C�AIa 7JI {i�4LJ '• r/ti�Y ld, yonureaccmum. /yt,, TO DESIGNATE ANOTHER PERSON TO MANAGE YOUR ACCOUNT, PLEASE INDICATE Name: (i 51 l , Lot' I I i llm Relationship: 1611 rruN dUB REWARDS' ' r r r NAI) PART16PATION AND APPROVAL ORGANIZAHONIS REQUIRED : r INROURENT ❑ Yes! Please enroll me in the Club Rewards program from Diners Club and start awarding me Club Rewards points on all eligible transactions charged to my Card. I understand that a yearly fee of $75 will be charged to my Diners Club Card Account. Club Rewards is only available on eligible transactions. See terms Er conditions for further details. EMPLOYEE EMPLOYEE / APPLICANT SIGNATURE (optional) DATE V T, `s —;i ORGANIZATION INFORMATION AND AUTHORIZATION (ro BE COMPLETED BY THE PROGRAM MANAGER) NAME OF ORGANIZATION REQUESTING CARD ISSUANCE ADDRESS CITY STATE ZIP Indicative Data Fields FIELD 1 FIELD 2 FIELD 3 FIELD 4 FIELD 5 FIELD 6 I/ p' teed Vade.marks o! 9aM ar Mosdltal Dines Cut, Diners club Inlefnatidnal wllll m Split Vol. �� F, ^ // 11 0.,,,. Intl Club R wds weteglsteued VedenwsYs of peen Club hiermteM Ltd. 160917 DO US CoridCardReq - CB CR (09/11) -- — `l I-'` " Diners Club BMO G Financial Group INTEMATIONAZ: Corporate Card Program Mail or fax completed applications to: Bli Harris Bank N.A. Card Request Client Services Club Rewards® Enrollment P.O. Box 6138 Central Billing Carol Stream, IL 60197 -6138 Fax: 1-855-803 -7341 For Organization's Program Administrator Use: 16 -digit Summary Account # 'Application cannot be processed without this required Information. TITLE *FIRST NNAMEE ifwh �Y^1e(�Gl�i�y "MID2DLLEE, 4LAST` -VIC ORGANIZATION NAME t✓'L— ti�i�.�+C�/l1plk ADDRESS (No P.O. Box) r ^u� - • �-i NIL, �^�a " ' l� CITY STATE � ZIP _J�sL � 'BUSINESS TELEPHONE N-9 '� HOME TELEPHONE( y_ �❑ /� 'Password for security purposes DATE OF BIRTH '" " E-MAIL ADDRESS �1�,�� r L1�/l'L abrr�'afic a Kyou ptovlae an rmaN address, we may Use lno minast YOU 14 mount TO DESIGNATE ANOTHER PERSON TO MANAGE YOUR ACCOUNT, PLEASE INDICATE Name: L&,i it Relationship:CZ REWARDS, ENROLLMENT O• / s AND APPROVAL SY THE ORGANIIAIIONIS REQUIR s BEFORE ENROILIMENT, ❑ Yes! Please enroll me in the Club Rewards program from Diners Club and start awarding me Club Rewards points on all eligible transactions charged to my Card. I understand that a yearly fee of S75 will be charged to my Diners Club Card Account. Club Rewards is only available on eligible transactions. See terms 6 conditions for further details. EMPLOYEE EMPLOYEE / APPLICANT SIGNATURE (optional) DATE 'Le MIIA' U11 j ORGANIZATION INFORMATION AND AUTHORIZATION (To OF COMPLETED HY THE PROGRAM MANAGER) J NAME OF ORGANIZATION REQUESTING CARD ISSUANCE ADDRESS CITY STATE ZIP Regnemtl rsde marks a l Bank Of Montreal. Diners Club, Clnete Club International with (he split Dr kDevi and dub Re wards ale reIrMered trademarks of Diners Club tnteinatknal Ltd. 180817 DO U5 CorpCardReq - CD OR (09/11) Pg•- m[L___ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 5, 2013 SUBJECT: Temporary Utility Permit — Anadarko E &P Onshore, LLC Consider and take action on the Anadarko utility permit to install temporary 10" aluminum water line within and along the right -of -way of Scott Lane. Project will provide water to oil well. Site is located in Precinct 2. SUBMITTED BY: J Salvato of Way Agent APPROVED BY: Sammy atalena Commissioner Precinct 2 This request is APPROVED IED ❑ by Commissioners' Court Duane Peters, County Judge DATE: 26 TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181,024, comes now Anadarko E &P Onshore LLC [company name], hereinafter referred to as "Company" a Delaware [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Depth Distance Bored Jacked Driven Cased Scott Lane North End First Culvert On Surface 2,000' Scott Lane 70' Facility to Parallel County Road Within Right- Of-Way Road Name and Block Number From To Depth Distance Scott Lane North End First Culvert On Surface 2,000' CONSTRUCTION TYPE 10„ Diameter Wall Thickness Material Specification Aluminum Maximum Operation Pressure 200 MAOF PROJECT WILL LAY 10" ALUMINUM WATER LINE THRU 18" CULVERT ON AND OFF FOR SEVERAL MONTHS The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction /work in good faith within 60 days from the date of said permit and shall complete said construction /work within 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 6e day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create of vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. E-11 Any deviation front these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Fr gineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County 5nginter in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. Iii the event Company fails to obtain a pesnit prior to the Installation or does not install utilities in compliance with installation requirements setforrh herein (Le, depth, location, etc), Company assumes all financial responsth/lhy far daurages and/or destruction of titres, cables, etc. based upon its fuilure to co» ply Wth Brazos Connly regairearents. Applicant agrees that jBrazos County demonstrates a violotat of the terms of this policy, Applicant.vtipalates that requisites for injunctive relief ecist and that Brazos County is entitled to relief enjoining any conduct by applicat which Is contrary to fine policies. This permit is a revocable perish Brazos County reserves die right to revoke this permit of oily /role, hh file sole discretion of Brazos County, for interests of public health, safely or the f are, or for failure to repair tiny dantager upon demand, or for any other reason deemed suffnekut by Brazos County, fn the even Company fails to comply with any or oil of the requirements as set forth herein, the County utay take such action as it deems appropriate to compel compliance. The Coup+ Engineer further retains the right to revoke this permit by verbal uotlficadorr to tueApplicant/Cotnpany. Failure to obtain this pernnit anaUor notify tine County Engineer's ofjlea within 14 hours of beginning construction shall constitutegroundsforjab shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. A., aawt<o �ytP t?�cl�oyE LLL Company Name Sig�nauue �j 5.��4hP/i..ZiDnl Sr.Pt�e ✓ /So2 SO- /c'ES�r�•U Title 4.7-0 N. FAa,r✓ M:t ►tilt Pkwy. sTE 2-00 Address _ Tox.tis 279-07 City State Zip Ct'191 - 779 - 44293_ 'telephone Number Email: Vol. to Pg�s %Y� WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated 10" 7-0- Z4,f 3 except as noted below: (Month/Day /Year) EXCEPTIONS: -TEMP P=P' 0A60St OF IeEM0666 Mldt 70 Ok w.iaz is 4cn,.✓ ZA.,uAf Ev6N7' Brazos County Engineer — �/ Title TV I9T91 ])8.632S FAA 19]91 T]a a!S ANAOARNO PETROLEUM CORPORATION 2070.N wa..t. FIpc9LLL PIt[WA♦ STt 200 BRYAN, T♦ nuo'+ 1 6'Z4 September 19, 2013 Brazos County Road and Bridge % Joe V. Salvato 2617 SH 21 West Bryan, TX 77803 RE: Permit to cross under Scott Lane Mr. Salvato: Anadarko E &P Company LP ( ANADARKO) is seeking to obtain a permit to situate temporary above ground water line(s) in the Brazos County Right of Way on the East side of Scott Lane and then cross under Scott Lane through the culvert as shown on the permit request. ANADARKO has every intention of being a prudent operator with regards to the project(s) and should weather conditions create a situation where temporary removal of the water line from the culvert is required to allow proper passage of runoff water through the culvert, ANADARKO agrees to do so throughout the duration of its operations affecting said culvert. There are several wells that are planned to be drilled and completed between the present date and the end of the year that will require water to be piped through the culvert at different times. It appears ANADARKO completion operations will begin sometime in October 2013 and will continue off and on until the early part of 2014, Please do not hesitate to call with any questions or concerns. JS,iin�cerely, Jamre Nickelson Office: (979) 7784869 Mobile: (979) 777 -0990 i amie.nickelson(@anadarko.com Vol _ �p Pg'.'e? -- Vol. Pg._� 77� illaw-1m, 2.T3 MARSHALL BOOKMAN PETERS SCOTT LANE�69' FENCE TO FENCE L NE aan BRIGHT SKY RANCHO 24' WIDE ASPHALT PAVEMCNO tYYlo.:4cA62A4• i I alwssfsss.a' FP 846.190 ACRES VOL 2860, PC. 73 sw4na•v VOL 2863, P0. St � ELAINE SCOTT NESTER, ET AL /N 44.21" L-- \ CALLED 156.41 ACRES / VOL 23, PC. 462 PLAN PROFILE HORIZ. SCALE: t' -30' VERT. SCALE 1 - -3' A .g 0 z NOTES 1, BEARINGS, COORDINATES AND GEODETIC POSITION SHOWN HEREON ARE GRID, BASED ON TEXAS STATE PLANE CC-ORDINATE SYSTEM (NAD -63 DATUM). CENTRAL. ZONE. DISTANCES ADJUSTED TO SURFACE. SURFACE ADJUSTMENT FACTOR - 1.000125299. 2. THIS FLAT REPRESENTS EXISTING CONDITIONS LOCATED ON THE GROUND- 04- 25 -13. VERTICAL DATUM= NAVDSB OUTNNED BY CPS OBSERVATIONS. PRELIMINARY ......Sk KLI VOL �8/_ pU s�7bI get � 54 PROPOSED TEMP. WATERLINE CROSSING WITHIN EXISTING 18' CMP y SCOTT LANE (COUNTY ROAD) ANADARKO E &P ONSHORE LLC ABNER LEE JR., SURVEY, A--31 BRAZOS COUNTY, TEXAS SCALE: 1 " =30' APRIL, 2013 BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A, General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ('BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The pennittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public, if it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safely Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C Traffic Control Plan A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided forlhe following: a. any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. if construction is within ten (10) feet of the roadway; or c. any work performed in the road right -of- -way; Vol. �� _ pg. 0� %9 2. Plea must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth is the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty -six (36) inches below ditch flow tine when installation is within the area measured from top of bank to top of bank; c, be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than tell (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. Water Lines: All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be eased if crossing under the roadway. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power -0 -2 feet, nominally l' Phone —2 -4 feet, nominally 3' Gas -4 -6 feet, nominally 5' Cable — 6 -8 feet, nominally 7' Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any bench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. its shall NOT be located within ten (10) feet from the edge of pavement without prior c. p approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from die edge of road. 10. Any Installation within ten (10) feet of edge of pavement shall meet the following; a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backtill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction or die County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of- -way to the condition it was prior to commencing construction. 12. Operation of construction and /or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and /or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and /or maintenance and /or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Sold bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In (lie event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior la conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction /repairs. This will allow the County Engineer's Office an opportunity to inspect tlue site to ensure the integrity of the County Right of Way and traffic safety controls used. A Repairs to existing facilities I. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G Relocation oju8fities 1. When and if the County Engineer determines that it is necessary for the constriction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable lime as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non- controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safely Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. a. Petroleum Pipelines: Depth Tvpe of Pinelioe (below deepest ditch erade) Simial Remrirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. S. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol. 9 Pg.'Z I g �B &P ya lE yy p B d g SaY C��aigf =aC �•�4 a h � � a gesig �:$ as ys a z v pq 'if IS py �. hli MbkYp F 3 {tl Rod xe. I j H .1 I amolixt W °e g IMI^.le ♦ fTT{{ • MI W — � G �roiw.e • • � • •YI..Yf j t9$.°1k [,= a SS�aS�r�SI St g �B &P ya lE yy p B d g SaY C��aigf =aC �•�4 a h � � a gesig �:$ as ys a z v pq 'if IS py �. hli MbkYp F 3 {tl Rod xe. I j H .1 I amolixt W °e g IMI^.le ♦ fTT{{ • MI W — � G �roiw.e • • � • •YI..Yf Ill>= �'" �. ^.•,. ":Ll i.im"°.ni�.i w S..i1 1 —'.X ;"'w.wia ".�.'."..a �':.: 194-0 :1."w: ♦nnn °el[ I Vol. H K W O =J = O U Z K � O — N. N C W � d + � � d � U W Q N � O O ¢ 2 a a U Y L W 0 J O O � Z� � u d Y ANADARKO E&P ONSHORE LLC PO BOX 1330 HOUSTON, TX 77251.1330 0e0a2 CNS LL ISESO - 0SBSt27151 NNNMNWN W e60`_5000YN50e IWO& C BRAZOS COUNTY 200 S TEXAS AVE STE.240 BRYAN TX 77803 VENDOR NO: 0609561612 PAGE. 1 of 1 DATE October 7, 2013 TRACE NUMBER: 626127687 CHECK NUMBER: 626127687 AMOUNT PAID - 57,50000 ACCOUNTS PAYABLE INQUIRIES: (800) 370.9667 VENDOR my N 01VOICE DATE TOTAL PRIOR PMT$ NET pOGRAEMO RE s -AMOUNT AUSCOUNTS AMOMf ROCIC_T UNIT EB NO. 3H. NO. 4H. NOSH TOTALS PLEASE DETACH BEFORE DEPOSMG CHECK ANADARKO ESP ONSHORE LLC PO BOX 1330 HOUSTON, TX 772511330 PAY BRAZOS COUNTY TO THE 200 S TEXAS AVE. ORDER OF STE. 240 BRYAN, TX 77803 $7,90000 3000 57$0000 CHECK 74-1292 NUMBER 626127687 724 October 07, 2013 CHECK AMOUNT $* *71500.00 ** 7,500 DOLLARS AND 00 CENTS E ]PMcrgen Chase Bank, Oearbbm ®aeu ,3e.T CA. .e. De&tor% Michlgbn w5ex ueA AUTHORQEO REPRESENTATIVE OF THE COMPANY 2-v BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge ?MEETING DATE: November 5, 2013 SUBJECT: Temporary Utility Pemtit — Halcon Resources Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line within and along the right -of -way of Hudspeth Road. Project will provide water to oil well. Site is located in Precinct 2. SUBIIITTED BY: e V. Salvato Right of Way Agent APPROVED BY: Samm atalena Commissioner Precinct 2 This request is U APPROVED / DENIED ❑ by Commissioners' Court QLL - - —L—� Duane Peters, County Judge DATE: I � /Jr l )3 Vol. TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 161.024, comes now Halcon Resources [company name], hereinafter referred to as "Company" a Texas [stare] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and /or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE De th Distance Bored Jacked Driven Cased Hudspeth Road N 30 47.742 N 3048.186 On Surface 4,550' Hudspeth Road 50' W 96 20.443 Facility to Parallel County Road Within Right-Of-Way Road Name and Block Number From To De th Distance Hudspeth Road N 30 47.742 N 3048.186 On Surface 4,550' W 96 20.940 W 96 20.443 CONSTRUCTION TYPE 10" Diameter Wall Thickness Material Specification Altmlinum Maximum Operation Pressure 50 PSI PROJECT WILL LAY 10" ALUMINUM WATER LINE THRU 30" & 36" CULVERTS FOR APPROXIMATELY 15 DAYS The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction /work in good faith within 60 days from the date of said permit and shall complete said construction /work within 60 working days. (COMPANY MUST FILL ES). If such construction is not begun by the 60'h day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or Vol. / xf pg. i6 expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference, in the event Company jails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements setforth herein (i.e. depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc. based upon its faihure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as sel forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the ApplicanUCompany. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds far job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. �7 �l,leaeL I�cJu.rr -cS. Company Name iZ00 r�Hocy'�FOit�r By: -7 rk Signature _ Title I M10 L„u , r,'ctmy ST Si.J -c 670U Address HoitSto (k -7 100'- City 1 State Zip 35 - 4z Z — r 4- 6� t Phone Number ifvI, c,: Vol. —/ J�_ pg., y/pl WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated /0- a 0- lAO13 except as noted below: (Month/Day /Year) EXCEPTIONS: p Rome 6mnm oN rscE f �. '(�J'/� � Brazos Co my Engineer Si ire /jJ Pow/ A.-C.4T Title Vol. /� Pg, •Z�� ,;r, ?. 1`s af. .. ��' a 'r .— - r, r,'s , „� r r ,�3 y� (' � � lil^F 4 ei I 2yt n. .yG.fr±,,. e � y '�� l � � � 9 t `� �� BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. Genera! Requirements I. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as for as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. A Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department or Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan I. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. Vol. _� pg,'2 :F0 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.043. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in tights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power -0 -2 feet, nominally 1' Phone — 213 feet, nominally 3' Gas — 4.6 feet, nominally 5' Cable — 6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c, pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; Vol. P9- #?- 9/ e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c, based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the tubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant sltall submit a letter of "No Objection' from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of adlities: 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. Vol. l89 pg. .2 yrL H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch tirade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36 "deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48 "deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6, Natural Gas Distribution is a line that serves the final customer. [Vol...__ P9•_�_ �_tP i R��a - FAQ +:7i p¢ $ttgi ---- - ----- ,�� C Rnn eaddd"' 9, i- pyp ON'rF MF5.8 PsP §gig �+ «as.ssssa« a - N g6 a J O tillp p YF LL oil 3 -= 1 Y O UP y6a8 u�7 SP� C G fF s 3 gTCpyz hjg i�t EkEk 44` $ E � i�6 %�Ffi sBr1` �E� oB�S fi� Z �p�5p1 gkYa�bf 19 IM I S .r j a _—.—.—._..__—_—._.---- F • lot VS �NItpE p¢ F »pinous . - • uroimn — — — — — a — — — — — — — — — — — — — A;� �"'n" :M roil - l:iaKF` r ti m r w dul �8y_ Pg.? SS�� val or ; W. •i nl . tt= W 6 J o_ � � C 0 U U � Z G>G � U 3 O sf J= = R a �zz N v $ a N u o� 3 O v 2 VI � o �a pN {V C a N U YY 3 • lot VS a _ p¢ »pinous . - • uroimn — — — — — a — — — — — — — — — — — — — A;� �"'n" :M roil - l:iaKF` r ti m r w dul �8y_ Pg.? SS�� val or ; W. •i nl . tt= W 6 J o_ � � C 0 U U � Z G>G � U 3 O sf J= = R a �zz N v $ a N u o� 3 O v 2 VI � o �a pN {V C a N U YY 3 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 5, 2013 SUBJECT: Utility Permit — Halcon Field Services, LLC Consider and take action on the Halcon Field Services utility permit to construct 8" road bore under Hudspeth Road approximately 4,500' northeast of FM 2776. Project will connect several oil wells in the area. Site is located in Precinct 2. SUBMITTED BY: Aa J . Salvato Right of Way Agent This request is W, APPROVED BY: - - rAPIM-0i Commissioner Precinct 2 / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: Vol. P9• i 9.1 zq TO: THE COUNTY ENGINEER OF BRALOS COUNTY, TEXAS Comes now t -Yt(1cj SOU1CgS i--LC [company nine], hereinafter referred to as Company" a trc_ [stale] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate equipment under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Koad Name &block rnbgr Length of crossina TYPE OF CONSTRUCTION CHECK ONE) Be red lacked Driven Cased Facility to farad County. Road within Right -Of -Way CONSTRUCTION TYPE 9-1025 Diameter 250 wall Thickness 91E High Pressure Underground O Law Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating Material Specification AnPA X ' 'J` 2 operating pressure) pressure) Minimurn Yield Strength_ Maximum Operation Pressure The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction /work in good faith within 60 days from the date of said permit and shall complete said construction /work within too working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to apply for a now permit. Company declares that prior to riling this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holderof the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. -- Vol. 1.91q Pg.°b Approval of County Engineer's Office may take as long as two weeks niter complete application is received Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said Installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. lit the event Company falls to obtain o permit prior to the installation or (toes not install utilities in compliance 1416 installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibilily for damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos Comely requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisles for injunctive relief exist and that Brazos County Is entiNed to relief enjoining any conduct bw applicant lhich is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any tinte, in file sole discretion of Brazos Cotrnty, for Interests of public health, safely or welfare, or for failure to repair any damages upon( demand, o• for ony other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as sel forth herein, the County may rake such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this pencil by verbal notification to the Applieatt/Comnpaup� Failure to obtain this permit andlor notify the County Engineer's Offce 11NNn 24 hours of beginning construction shall constitute grounds jar job shutdown. By signing below, I certify that i am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. mess sm'rq tp a))d LCD -1110S State Zip City aka -a�a- T1 C6 Phone Nun ter b►nol no hex \�nr\rtSn�xC>°S _ C0� Email C dnAuc� CA�v\ce� L ". S 5\ -2 - 393- 9959 6f Pl C-� un Vol. �9 Pg., 21, ^i PIPELINE UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated /0-07-3 - 02013 except as noted below (Month/DayNear) EXCEPTIONS: A/ Milo rU t " it P*IIII f HALCON FIELD SERVICESt LLC This letter is written to comply with section H — item 3 of the "Brazos County Roadway Safety and Road Preservation Standards" for work conducted in Brazos County right -of -ways: The design and installation of this pipeline and roadway crossings will be constructed in accordance to 49 CFR Part 192 of the Federal Safety Standards. Project Design and Installation Parameters Project— Ridgeback — Hudspeth Rd Product — Natural Gas Pipe Diameter - 8.625" Pipe Wall Thickness — 0.322" Material Specification — Steel, X -52 Minimum Yield Strength - 52,000 psi Maximum Operating Pressure —1,440 psi This pipeline is considered high pressure and will consist of a non cased pipe with county road crossings depths at or greater than 10' (120 ") below ditch flow line. SmcD c /PN/ Chancy Lewis Contact Rep. For Halcon Field Services LLC 512- 393 -9958 chanceylewis@yahoo.com vii. !pS Pa.V�99 BRAZOS COUNTY, TEXAS FRANCIS QUOTA SURVEY ABSTRACT No. 199 II I I � � I CLASS I M MATERIAL STEEL � X -52 OUTSIDE DIAMETER AND WALL THICKNESS 8.625.O.D. x 0.250 WALL YIELD STRENGTH OF PIPE MATERIAL 52.000 P.&L TYPE OF JOINT WELDED METHOD OF INSTALLATION =1= IOL'�. R ACN Iva mm. �- CARRIER PIPE I.fNE PIPE SO OF MY O.D. x 0.750" W.T.. X -S2 15 MILS FEE WITH 30 MMS ARO COATED LINE PIPE s� �1 T $TAT 4' 1'!T MLV LINE P1PL CARRIER PIPE DATA CONTENTS TO BE HANDLED NATURAL GAS CLASSIFICATION CLASS I M MATERIAL STEEL SPECIFICATIONAND GRADE OF PPE MATERIAL X -52 OUTSIDE DIAMETER AND WALL THICKNESS 8.625.O.D. x 0.250 WALL YIELD STRENGTH OF PIPE MATERIAL 52.000 P.&L TYPE OF JOINT WELDED METHOD OF INSTALLATION BORING MAXIMUM OPERATING PRF,SSURE 1,400 PSI COATING MATERIALS IS MILS FEE W/ 30 MILS ARO WARNING SIGNS EACH SIDE HEIGIR ABOVE GROUND MO"- (COUNTY ROAD) MINIMUM DEPTH BENEATH DITCHES OR DRAINAGE STRUCTURES 10'4' CATHODIC PROTECTION ONE (0 TWO WIRE TEST STAUON 100 AmV WAYNE ACREE RLS., INC. A A f..v Sw ,," Cb�. PD. nx% 'MxIMOVROi, IW WIA (3II)1WIT.4 2 LINE: RIDGEBACK IN Halcon Field Services, LLC PROPOSED 8" PIPELINE CROSSING UNDER HUDSPETH ROAD (COUNTY ROAD) 10/15/2013 oau.ar. EM Icur_ N/A ..y! JGA �sr. rwrurw: o�AVaern o6ss1 6931TROI i,' ,fir .�lx�';•i r^ {VA p n'+ e} f St �F }9�Y14b ay Yr. COMMISSIONER COURT MINUTES OF NOVEMBER 5, 2013 ARE CONTINUED IN VOLUME 190 PAGE 1 Vol. Pg.-J� COMMISSIONER COURT MINUTES OF NOVEMBER 5, 2013 ARE CONTINUED FROM VOLUME 189 Vol. BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirerrteras 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prim occupant. 5. Permittee shall not interfere with other utilities located in the right of way, In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safely Regairentenrs I, Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TtvIUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department ofTrmrsportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide Flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and /or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shalt he placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plait I. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feel of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards I. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code. Seclion 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty -six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power— 0 -2 feet, nominally I' Phone — 2 -4 feet, nominally 3' Gas -4 -6 feel, nominally 5' Cable — 6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right -of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored orjacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (I) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; C. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling andjoints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b, all pits shall have proper traffic control measures in place. See Traffic Conhol Plan listed above. C. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; C. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following; a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. C. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed front the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. E No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction, 12. Operation of construction and /or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and /or repair of cables, conduits and /or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber lire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and /or maintenance and /or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Enrergerrcy work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to eristirgfaclllties 1. Maintenance and /or repair to existing cables, conduits, and /or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation ofolilitles: 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed front said road, or reset or relocated thereon, as required by the County Engineer within it reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. pg. f H. High Pressure Pipelines I. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non- controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tyne of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36 "deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. a E � yy ti �a tE�B S sgg a Gat g , �� p�s�i �• j$� s�# p&jbastl q®1$ n ^ a N 1 N EAR w • ^ �1 ira � it "��,w wf k:1:+r-w" w a J U � O — N d w� U U ? C Y U K f5 17 W � 8 Z � O D N w C.1 U r- y Y pG 3 e 2 Q 41 yam. O C ' � O uj N = V $fi i A— MM Ti _h #I E §ksR$bhr.$h 3 6 R mom =3! �• ssssssex a E � yy ti �a tE�B S sgg a Gat g , �� p�s�i �• j$� s�# p&jbastl q®1$ n ^ a N 1 N EAR w • ^ �1 ira � it "��,w wf k:1:+r-w" w a J U � O — N d w� U U ? C Y U K f5 17 W � 8 Z � O D N w C.1 U r- y Y pG 3 e 2 Q 41 yam. O C ' � O uj N = V $fi m 0 HALCON RESOURCES CORPORATION 2932 i ROW ACCOUNT Y, ;.,, . 1000 LOUISIANA ST STE 8700 DATE ^y ...., HOUSTON TX77002 o- J 8 DOLLARS i INdGisYe &V4NA { s. Y�x ( p i7 ?ba PAtia T Y FVol. O �%O _ Pg._ -- I DEPARTMENT: MEETING DATE: SUBJECT: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge November 5, 2013 Utility Permit – Verizon Consider and take action on the Verizon utility permit to relocate telephone pedestal and cable within and along the north right -of -way of Wilcox Lane. This project will provide additional width to existing driveway. Site is located in Precinct 2. SUBMITTED BY: //;W I J V. Salvato Right of Way Agent This request is N APPROVED BY: Al c� Commissioner Precinct 2 ❑ by Commissioners' Court Duane Peters, County)udge DATE: X11 J (— s_— VOL -- pg. —k_ — i r NOTIFICATION OF PROPOSED INSTALLATION AND /OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Verizon [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: AT A PEDESTAL 12' WEST OF THE DRIVE TO 5223 WILCOX A PEDESTAL IS IN THE WAY OF A PROJECT TO WIDEN DRIVE FOR LARGE TRUCKS. AT A POINT 32' WEST OF THE EXIST PEDESTAL CABLE WILL BE DUG UP WHERE A NEW PEDESTAL WILL BE PLACED FROM THIS POINT A CABLE WILL BE BURIED 36" DEEP 5' FROM ROW PROCEEDING EAST FOR 132' WITH A 20' BORE UNDER EXISTING DRIVE TO END WHERE A SECOND PEDESTAL WILL BE PLACED The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within _7_ working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this notice shall be kept at the job site any time work is being performed. E �� Pg. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable, Approval of County Engineer's Office may take as long as two weeks after complete application is received. failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this notification. Company Name By: / II Signature Title o� I,-idres�, Address Telephone Number E -mail bf 6VvfQ . Vc ,� G(ak C�) V V,-f i Zo t.) . co rl--1 Vol. �� _ pg. /v ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated /G —ZS - Z-013 except as noted below: EXCEPTIONS: FOt/ Br�z s County Engineer � V /f0 Pg. // w O W F S W pp� N F- x LLJ 3! t ��N 6XU% mZNQUx i'S��U% P p j � � YC1 ry b Z ffl ° • m gry �6 N 1Y N N 5 N OO In 2 1 N W Q �i2 rv�N 6 �J N_ N • W > � � � O 4 �y al W W�y ji O 7. F �v�64o y �1�7y ¢�>a g Y& N�a a qQy ROO a� °� /// 5 m in 3 nm m a � r w o ee i W W W L7 ! o g Z; v VN �. N .� • I SO o ! UQ J�W[OL7 1� O CL I m °-rir�9�� w u ~ O ° a -J a I o m a pi s • ry z P cz Zo O rvu �y cT ONJ m n U 03, W�'s a pry I��x N 7Z Y O i k= Idy+g : 0 rc Pi 3 6J u° % 1X -11 03d I nry Ix� aS 11� Iv�ry IBPti m N IONS � IX I I I E% -11 ❑3d N a w w s a Vol.._�`C' Pg. /a" _ w 5 z a S Ciry of Bryan Map Output Page http :!/ ims. bryantx.gov /gis /servlet/com.esri.esr map.Esrimap ?Service... t�j87,n1/ Copyright of Bryan GIS City of Bryan G[5 r. r P.O.BOx 1000 r Bryan, TX 77805 ArcIMS I DISCLAB.TLR : This is a product of the City of Bryan GIS Department. The data depicted here have been developed with extensive cooperation from other city departments, as well as other federal, state and local 1pro mment agencies. The City of Bryan expressly disclaims responsibility for damages or liability that may arise from the use of this map JR PROPRIETARY INFORMATION: Any resale of this information is prohibited, except in accordance with CITY or BRYAN licensing agreement Vol. / O Pg. — Iofl __ 10118/2013 101 PM } a0� ?s 4 9 lot Fa:daesaarsov- sarv\I�p emfNmVi htrilSLgfn'tcpaiCt fY713019 r%U et.. C4.$y11: t�j87,n1/ Copyright of Bryan GIS City of Bryan G[5 r. r P.O.BOx 1000 r Bryan, TX 77805 ArcIMS I DISCLAB.TLR : This is a product of the City of Bryan GIS Department. The data depicted here have been developed with extensive cooperation from other city departments, as well as other federal, state and local 1pro mment agencies. The City of Bryan expressly disclaims responsibility for damages or liability that may arise from the use of this map JR PROPRIETARY INFORMATION: Any resale of this information is prohibited, except in accordance with CITY or BRYAN licensing agreement Vol. / O Pg. — Iofl __ 10118/2013 101 PM BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ('TAP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not pemtittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. A Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. any construction (i.e. pit, excavation, hole) left open overnight, requires specific ni ttime traffic control measures pursuant to the TMUTCD; b. if construction is within ten (10) feet of the roadway; or c. any work performed in the road right -o£- -way; Vol. / f r Pg. /yr 2. Plan rnust be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards L All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty -six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power — 0 -2 feet, nominally V Phone — 24 feet, nominally 3' Gas — 4 -6 feet, nominally 5' Cable -6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to. be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. „ Pg._ /.� 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than g hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the tubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. in the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. Vol __ /yb pg.l e F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tvve of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol I/O Pq, 17 j. li 1 7jF 13�� ItWkt to s an .wimuc ' a a YV I�;WS �IeIOK Y! Y- ffiNF Cn SSU YNIN W.M x.[ i -oqy n �j>r F;;y €:RRSSS€ "P O N = v � o V 2 ¢ � O — N C LL) o LLIc x > Y - � Oil 5- 8+ Y �GLg g&y eC $ GspggP$ `y g•g ti J O 1 Ell Bill -F€ _e E ~ 6b�"; r $ "� 55 yy {y a w gpSS ■ g�C; yE'S- 3 °�.At! pit LL2 cas K�j' 9�e Si bE£2 %�� $'l5 Rb M O bA: Gg..� Bg.S gbab yk;@ $PB ♦ N sit p •eace ke m $E •~ YYII K.- I. -MPIY s. r • It 39 s w O N �pJ 9 2 8 D � a gO U U C a > N Y wY a - " -- •Y n wu of x.. W 0 J v O ¢ — a o N 2 C W O f Q N N Y an .wimuc ' a a YV I�;WS �IeIOK YNIN W.M x.[ i -oqy n • It 39 s w O N �pJ 9 2 8 D � a gO U U C a > N Y wY a - " -- •Y n wu of x.. W 0 J v O ¢ — a o N 2 C W O f Q N N Y /11 A 41 BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: November 5. 2013 ITEM: Consider and take action on the Renlat of Lot 1. Block 4 Timberwilde (Subdivision) Second Installment, Being a Final Plat of Lots 1 A -R and 1B -R. Block 4 Timberwilde Second Installment 5.010 Acres, F. G. Clampitt 1/3 League, A -89, Brazos County. Texas. Site is located in Precinct 2. SOURCE OF FUNDS: N/A EXCEPTIONS/REQUIREMENTS: NOTES: • Owner/Developer: Carlos Medina • Engineer /Surveyor: Kling Engineering/Surveying, Inc. S`UBB /MI D BY: R.'Alan Munger, County Engineer CC -2013 AP BY: my Cat na m Comissi ner, Precinct 2 This Request is ["A VED / (] by Commissioners' Court E. Duane Peters, County Judge We 5(1 Vol. Z'9 D Pg. _ / 7 Brazos County Pre - Application for Plat Approval Date: Master Plan — Final Plat _ Re -Plat X Amending Plat _ Date & Time assigned for Application and Plat Review with County Engineer or Planner: Description of Property: 5.010 Ac. Tr. In the F. G. Clampitt Survey, A -89, Brazos County Subdivision Name: Timberwilde Second Installment Property Location: Comer of Tmilwood Drive Legal Description: Lots IA—R & IB —R, Blk Four Replat of Lot 1, Blk 4, Timberwilde Second lnst Applicant or Authorized Agent: Stewart Kling Phone Number (s): 979 - 846 -6212 This is a notification to Brazos County that a plan for development exists for this noted piece of property. This is not the official Application for Development. This also does not commit the Applicant listed above to file an Application for Development or to file any type of plat for Record. All properties within the County of Brazos are submitted to the rules and regulations set up by the Brazos County Commissioners Court. Copies of the Brazos County Subdivision and Development Regulations and the Brazos County Flood Damage Prevention Ordinance are available from the Brazos County Engineering and Planning Departments. All applicants are encouraged to review the regulations prior to any plat submittal. Attached is a general check list to be used by a Registered Engineer or Registered Professional Land Surveyor, licensed by the State of Texas, for the sole purpose of summarizing the needs of a finished plat. All County and City Ordinances and Regulations must be met. This is not a short list of details of said regulations. Details of the items listed are in said ordinances, and said ordinances take precedence over this check list. Applicants Signature Comments: Date of Signature Vol. /_ 0 pa 07,6 Fog BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 5, 2013 SUBJECT: Utility Permit — Wellborn Special Utility District Consider and take action on the Wellborn S.U.D. utility permit to construct 2" road bore under Sandy Shore Drive located in Sandy Oaks Subdivision. This project will provide water service to new customer. Site is located in Precinct 4. SUBMITTED BY: 'Ad Joilv. Salvato Right of Way Agent APPROVED BY: Irma Cauley-� Commissioner Prect t 4 This request is (APPROVED / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: 1116-4 3 / 9d -- P9-.:2-1 TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Vellborn SUD (comfrmry name), hereinafter referred to as "Company" a Texas (slate) Corpwation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, contact, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Faculty to Cross Road Road Name�Blodc Nrantxr Length of Crossing TYPE OF CONSTRUCTION CHECK ONE) Bored Jacked Driven Cased X X Facility to, Pamlle! County Road within R' Itt -0f 1Vav CONSTRUCTION TYPE 2" hiameter . l0" il'all Thickness MaterialSpecifleation FVC Casl'ng Maximum Operation Pressure 200 psi- The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction /work in good faith within 60 days from the date of said permit and shall complete said construction Avork within 15 working days. (COMPANY MUST FILL IN), If such construction is not begun by the 601h day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shalt be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in tine land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County fi'om and against any and all loss, damages, cost or iVOL Fig. expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative, Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply With all rides of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION RE, QUIREIYIENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails 10 obtain aper?ullprior to tits installation or does not install utilities in complirune with Installation requirements set forte herein (Le, depth, location, etc), Company assmaes all financial responsibility for danages andlor destruction of lines, cables, etc. based repon lis( allure to comply with Brazos County regaireaeents. Applicant agrees that if Brazos Cotaty demonstrates a violation of the terms of this policy, Applicant stipulates that requislees for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicat which is contrnp to thepolicles. This perink Is a revocable permit, Brazos County reserves the right to revoke this permit at any tine, In the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages tpon demarul, orfor any other reason deemedsrfJtcient by Brazos County. Im tlee event Company falls to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to con pel compliance. The County Bngineer further retains the right 10 revoke this Permit by verbal notijleatiau to theAppitcantlConparny. Failure to obtain this permit andlDr notify the County Engineer's Office within 24 homy of beginning caestrrrction shall CORS11tute gr0umis for job shrrlrlowm. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditious/provisions included in this permit. Wellborn Special Utility District CompanyName Stephen Cast By: Si tature fwt.enera ±anager TlF.0. Box 250 A"iJ'eofiborn, Texas 77381 City State Zip 979 - 690 -9799 Phone Number wsud.is @verizon.net /woud.sc @verizon.net Email: Vol. __� %d P WATER UTILITY AppROVAL Brazos County offers no objection to the proposecj location of the utility n the County right of way as siiown by accompanying drawings and notice dated V' U aw5 except as noted below: (114onwDay/Year) EXCEPTIONS: , RApw !:!I Brazos C unty En ineer fnz ature Title Wellborn Special Utility District October 23, 2013 The Commissioners Court of Brazos County Attention County Judge., Formal notice is hereby given that Wellborn Special Utility District will construct a road bore for water line within the right -ol -way of a County Road in Brazos , County, Texas as follows: Road bore will be made under Sandy Shore. Bore will be made from existing 2' water One located on the southwest side to northeast side for a distance of 90' at a minimum depth of 36' below ditch flow line. The location and description of this line is more fully shown in drawings attached to this notice. The line will be constructed and maintained in the County Road right-of-way, in accordance with the Brazos County Roadway Safely and Road Preservation Standards and governing laws. Construction of this line will begin on or after October 23, 2013. Regards, Stephen st Gener Manager Welfbom Special Utility District B0. Box 250 • 4118 Grccns Piairi .TX7Z881 • 979.690.9799 • Fax 979.690.1260 Vol. Cl Cl E 01 H 0 N b T /LLB I R s iR a w H El u O N N O G D b M l� d H d ro N U OG 0 L7 o t! o o O N d K -,4 6 L Ol 1 0)p -r13 .0 l W m >, uca o� HG wo W a i vc W RIGHT-0 F-MY a O d H i d O N O V roZ MD LA U z 1� z O U w co J `a F- 0 a � a ~ O Z � Q 1'- U CL QJ � � U 4 �i a O Er d a. LLI A 0 m z O 7 rZr�� u z x 0 Q W z N O 0 4 LU z 0 � `7 O d z � � ' W o O vv a < r ni ai i Wo BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. GeneralRegulrenrenls 1. Adequate drainage shall be maintained in ditches at all times. 2. Pennittee will use best management practices ( "BMP ") (BPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The pennittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5, Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall dotennine whether• ornot pomittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Acquirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration ofthe job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee tnust take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C D-affic Control Plait I . A traffic control plan, pursuant to the TMOTCD o• Engineered Traffic Control Plan must be provided for the following: a. Any construction (Le. pit, excavation, hole) left open over night, requires ssRoGific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road tight -of -way; 2, Plan must be attached to the permit and k tat vieJobs-twanythn"clik is-being performed. �Vai /9'O i'q 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the, pole be placed in the designated area for power specified as set forth in the Texas U1111ties Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b, beat least thirty-six (36) itches below ditch flow line when installation is within the area measured fiom tap of bank to top of bank; c, be at least forty-eight (48) inches below ditch flow lire if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requicments listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing trader the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power — 0 -2 feet, nominally P Phone — 2 -4 feet, nominally 3' Gas — 4 -6 feet, nomitally 5' Cable 6 -8 feet, ncrrtinally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any treuch to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings tinder a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WI THN COUNTY ROAD PAVEIVMNT; b, be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice ofpressute grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. ail pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c, pits shall NOT be located within ton (10) feet fi-om the edge of pavement without prior approval fi+om the County Engineer or his representative; d, when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; ,r /9d 30 e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. All execs& water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All distarbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to rill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on tlue traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and /or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the tubber the variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and /or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be. determined by the County Engineer. 14. Tho applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning constructio>lrepahs. This will allow tre County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. R Repairs to existing facillfies 1. Maintenance and/or repair to existing cables, conduits, and /or pole lines which require disturbance of the soil, shall not be, perfumed until plans describing such maintenance and /or repair have been approved by ttre County Engineer or designated representative and a permit has been obtained. G. Relocation of atlildes. 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any potion of said road, any or all poles, wires, pipes, cables ar other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within n reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. I Vol.. 9 _ pg. F7. Hugh Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non- coutrolled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the easing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tyne of Pipeline (below deenest ditch ttrada) SpecialReauireutents Encased Pipe Less than 10' Must be covered with concrete pad at least 36 "deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48 "deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be-parallel to a County Road. 6. Natural Gas Distribution is a lure that serves the final customer. i9a 3oZ / d � | � � ƒ!! � ( \� 12 �Ua i - - -- — —. 22 } 2(§ �q . \ -� - - -- :.; V49 ' . /a -- --- - - - - -- a / \f .[a - - - - -- - - - �$| ] � . 2 Vol. �P,t� § a ! �7 § Q! ;| �. a, >V,� § §i ;| V49 ' . /a -- --- - - - - -- a / \f .[a - - - - -- - - - �$| ] � . 2 Vol. �P,t� § a ! �7 § Q! ;| APPLICATION FOR TAX REFUND 31 Collecting Office Name Brazos County Tax Office 300 E. Wm J. Bryan ll Phone Number Bryan Texas 77803 979- 381 -4470 Collecting tax for: (taxing units) Brazos County, City of Bryan, City of College Station Bryan ISO, College Station ISO, F1, F2, F3, F4, City of Kurten To apply for a tax refund, the taxpayer must complete the following: Step 1: ANAIS ANTONIO VILLALOBOS Owner's name 920 CLEARLEAF DR and address TRLR 42 Phone BRYAN, TX 77803 Step z: Legal Desc. 920 CLEAR LEAF P 42 Describe the property Address Acct ft Or Tax Receipt R 96309 Step 3: Name of Taxing unit Tax Year Date of Amount Refund amt Give the tax p.LL ur d_ Wff I?C Faw R e Payment information Zrefund 2013 10/14/2013 $425.30 $13.14 Tax "er's reason for refund:' OP-Overpayment Refund t0 AJ'S MOBILE HOMES, PO BOX 98, KURTEN, TX 77882 Step 4: Sign the form "1 hereby apply for the refund of the above - described taxes and certify that the information I have given on this form is true and correct." - ' sl9rhere ;> , date> ':•w 13 It you make a false'Maternient on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. Step S: This tax ref Approved Disapproved Tax refund Authorized ficer determination sign here> date> 'I Authorized officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code sign here > dale > �0 3� APPLICATION FOR TAX REFUND Collecting Orrice Name Brazos County Tax Office 300 E. Wm J. Bryan Pkwj Phone Number Bryfan Texas 77803 979 - 361-4470 Collecting tax for: (taxing units) Brazos County, City of Bryan, City of College Station Bryan ISO, College Station ISO, F1, F2, F3, F4, City of Kurten To applv for a tax refund, the taxpayer must complete the following: Step 1: ALAN & BEATRICE MINDE Owner's name 2404 W 28TH ST and address BRYAN TX 77803.2101 Phone Step 2: Legal Deso. SIMMONS BRYAN BLOCK 1 LOT 1 Describe the property Address 2404 W 28TH ST Acct.# 362019 or Tax Receipt # Step 3: Give the tax payment Information Name of Taxing unit Tax Year Date of Amount Refund amt f f n payment P2Ld Recuested Zrefund 2012 9/30/2013 $1,068.48 $350.03 L a er's reason for refund: OP-Overpayment Refund t0 WELLS FARGO REAL ESTATE SERVICES LLC PO BOX 14506 DES MOINES IA 50306 -9395 Step 4: Sign the form -1 hereby apply for the refund of the above - described taxes and certify that the information I have on this form is true and correct." given sign here> /v V I date> Q — 2 / 3 If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state all felony under Texas Penal Code Section 37.10. Step 5: This tax refpadJs proved Disapproved Tax refund Authorize fficer determination sign hue > date> Authorized officer of taxing unit for refund applications over amount r ulred uhder section 31.11 Tax Code sign here > date> r BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2012 -2013 BUDGET YEAR NO. 12/13 55.1-55.6 On this the 5th day of November 2013 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 5th day of November 2013 the Court heard and approved a budget amendment for the 2012 -2013 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 18 September 2012, the following amendment (s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 5th day of November 2013. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. Pg._,3C� for travel for BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 55.1 111512013 crease i—Voi, /yo - BWOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 • 55.2 Vol. _ /� Pg. Jov_ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS NO. 12113 - 55.3 Jell Administration of funds BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12119 - 55.4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 55.5 \Vi /90 p9, '�/_ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 55.6 / f!, Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR NO. 13/14 5.1— 5.7 On this the 5th day of November 2013 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 5th day of November 2013 the Court heard and approved a budget amendment for the 2013 -2014 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the aecessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 10 September 2013, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 5th day of November 2013. THE COMhIISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes FVOl. � p� Pg. 'i�.� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13/14.5.1 account for professional fees associated with grant administration services of the Texas Capital Fund Grant awarded IF011 90 pg._L_ BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 13114 - 5.2 and of finds for the purchase of stainless steel hinges for the Detention Center Housing Unit. Items were delayed in shipment and BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 5.3 11/5/2013 Vol. Pg. 'oI4 ' 11 111 11 111 ' 11 . 111 11 . 1 111 -S:J>i �� Hardwant �- '11 111 11 .1 11111 _m �_- -- 'Capital Imp -_ -- Reallocation of funds for the p=hase a computer, scanner and phone for a new employee that roved for FY 14. Vol. Pg. 'oI4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 5.4 Pg. - % BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 5.5 of funds to allow for the replacement of leased copier hard drives being replaced by new County owned copiers. This includes es, the labor to remove the old hard drives, and replacment of new drives. Vol. 190 Pg. �` k BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 5.6 1115!2013 Vol. m m ,imi m cm no - - -= -- Vol. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: November 05, 2013 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Ag Extension Tittle, Cullen D. New Hire Expo Lockhart, Fiona Title Change Woodall, Meghan New Hire Facilities Services Gonzales, Rickey Transfer w /in Dept. McComb, Patricia Transfer w /in Dept. Justice of the Peace Pct.2 PI.2 Ybarra, Alysia New Hire Purchasing Alvarado, Tiffany New Hire Rutledge, Amanda Transfer From Another Dept. S.O. Jail Ebner, Kyle Greenwood, Caroline Henderson, Brandon Henry, Clarence Neal, Nancy Pechacek, Christie Approved in Commissioners' Court: Novemb r45'8 13 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Qb F Vol. / i� _ P7-LI-A Reinstated Transfer Win Dept. Transfer Win Dept. Merit Resignation Transfer Win Dept. 35